NARASIMHAMURTHY Vs. LAKSHMAKKA

JUDGEMENT

(1.) This Second Appeal of the first defendant arises out of the judgment and decree dated 9.4.2015 passed by the Principal Senior Civil Judge and CJM, Tumakuru, in R.A. No.19/2009. By the impugned judgment and decree the First Appellate Court dismissed the appeal of the appellant and modified the decree granting 1/9th share to plaintiff No.1(a) and 4/9th share each to plaintiff No.2 and defendant No.1/appellant.

(2.) Brief facts of the case are as follows: Plaintiff No.1 Dalappa had two wives by name Giriyamma and Lakshmakka. First defendant Narasimhamurthy and second defendant Gangamma were his son and daughter through his first wife Giriyamma. Second plaintiff Nagarathnamma was his daughter through his second wife Lakshmakka.

(3.) Dalappa and Nagarathnamma filed O.S. No.383/1996 against the present appellant and his sister Gangamma for partition and separate possession of their 2/3rd share in the suit properties. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the Trial Court.