ASSISTANT EXECUTIVE ENGINEER DISTRICT PLANNING OFFICE Vs. YELLAMMA

JUDGEMENT

(1.) The fifth defendant has filed this appeal against the judgment and decree dated 07.04.2012 made in O.S.No.13/2011 by the Additional Senior Civil Judge and JMFC-I, Raichur, decreeing the suit of the plaintiffs in part declaring plaintiff Nos.1 and 2 are entitled to 6/25th share each in the suit schedule properties and also declared that the sale deed bearing No.1043/2005- 06 dated 29.12.2005 and sale deed bearing No.1253/2009-10 dated 02.07.2009 are not binding on the share of plaintiff Nos.1 and 2. It is also declared that the sale deed bearing No.863/2003-04 dated 08.07.2003 is binding on the plaintiffs.

(2.) The parties are referred to as per their rankings before the trial Court.

(3.) Respondent Nos.6 and 7 herein who are the plaintiffs before the trial Court filed suit in O.S.No.13/2011 for partition and separate possession in respect of the suit schedule properties (a, b, c, d and e) morefully described in the schedule to the plaint contending that one Narasappa was the propositor/ common ancestor of plaintiffs and defendant Nos.1 to 3. He had two wives namely Shivamma and Yallamma. Shivamma is the first wife of Narasappa and Yallamma is the second wife of said Narasappa. Plaintiff Nos.1 and 2 and defendant No.3 are the children of Narasappa through his first wife i.e., Shivamma. Defendant No.2 is the son of Narasappa through his second wife i.e., Yallamma. Said Narasappa died about 12 years back leaving behind the above said two wives and children. Shivamma first wife of Narasappa died in the month of Dec. 2010.