MALLIKARJUN Vs. SHIVARAJAPPA

JUDGEMENT

(1.) This second appeal is filed challenging the concurrent judgments of the Court of Junior Civil Judge, Narayanpet in O.S. No.28 of 1992 and the Court of Senior Civil Judge, Narayanpet in A.S.No.6 of 2003.

(2.) The appellants filed the suit for the relief of cancellation of a sale deed dated 17-6-1974 executed by their father late Veeranna in favour of the sole respondent. It is their case that the suit schedule property comprising of Acs.7-39 guntas in Survey No.240 of Thangedi Village, Maganoor Mandal of Mahaboobnagar District, was purchased by their grandmother way back in the year 1355 Fasli in the name of their father and by mat time, their father was a minor. They contend that their father was not the exclusive owner of that property and it was part of the joint family property.

(3.) Before the suit came to be filed, certain proceedings ensued between the respondent on the one hand and the father of the appellants- Veeranna on the other. On the strength of the sale deed, dated 17-6-1974, the respondent filed O.S. No.3 of 1981 for recovery of the possession of suit schedule property. The suit was decreed on 25-4-1985. The father of the appellants-Veeranna filed A.S. No.56 of 1985, and during the pendency of that appeal, he died. The appellants herein came on record. The appeal was ultimately, dismissed. They filed S.A. No.96 of 1992 in this Court. The said second appeal was also dismissed by this Court on 10-4-2002. It was observed therein that notwithstanding the dismissal of the appeal, it shall be open to the appellants to workout their remedies in OS.No.28 of 1992, which was filed by the that time.