PARVATHAMMA Vs. GOVINDAPPA

JUDGEMENT

(1.) This regular second appeal is filed by the Plaintiffs challenging the Judgment and decree dated 10.11.2004 passed by the learned Additional District and Sessions Judge, Chickmagalur, in RA No.38/2002, reversing the Judgment and decree dated 28.10.2002 passed by the Civil Judge (Senior Division) at Kadur, in O.S. No.125/2001 and consequently dismissed the suit filed by the plaintiffs.

(2.) In order to avoid confusion and overlapping, the parties are addressed in terms with the ranks held by them before the Trial Court.

(3.) Basically, the 1st plaintiff Parvathamma and 2nd Plaintiff Lokesha.H, being the wife and son of Hanumanna filed a suit for setting aside the exparte decree passed in O.S.No.515/1992 dated 15.12.1994, on the file of the Munsiff at Kadur and also for declaration that the plaintiffs are the absolute owner of the suit property, comprised in Survey No.10 of Melanahalli village, Hirenallur Hobli, Kadur Taluk, to an extent of 24 acres 19 guntas.