(1.) THE sole defendant in O. S. No. 58 of 1993, on the file of the Court of Junior Civil Judge, Penukonda, is the appellant. He challenges the decree and judgment dated 23. 8. 2000, passed by the trial Court, which in turn was affirmed in A. S. No. 15 of 2000, by the Court of senior Civil Judge, Penukonda, through the judgment dated 26. 8. 2004.
(2.) THE parties are related to each other. The appellant and the first respondent are brothers. The second respondent is the wife of their brother late Sathenna @ Avulayappa.
(3.) THE father of appellant and first respondent, by name Chinna gangappa, and his brothers, Putla Gangappa and Sanna Gangappa, were sons of one Putla Sathenna. A partition took place in this large joint Hindu family, in the year 1964. We are not concerned with the shares allotted to other branches. The first respondent, the husband of the second respondent and the appellant were allotted properties- of schedule B, C and E, respectively, of the partition deed.