AMBARAYA Vs. LAXMIBAI

JUDGEMENT

(1.) With the consent of the learned counsel appearing for the parties, appeal is finally heard and disposed of.

(2.) Appellants/Defendants have preferred this appeal challenging the judgment of the Senior Civil Judge, Chittapur in O.S.No.26/2014 dated 25.06.2015.

(3.) That the plaintiffs/respondents filed O.S. No.26/2014 before the Trial Court seeking partition and separate possession in respect of suit properties. The subject matter of the suit are the properties, land bearing Sy.No.48 measuring 8 Acre 27 guntas and Sy.No.49 measuring 8 Acre 23 guntas, both situated at Muchakhed Village, Chittapur taluk. The plaint averments are that the suit schedule properties are joint family properties standing in their father's name deceased Sri.Nagappa. The contention of the plaintiffs was that, father of the plaintiffs and defendants died intestate about 16 years ago leaving behind the plaintiffs and defendants to succeed with equal share in the suit properties.