UJJELLI BHEEMANNA Vs. UJJELLI VENKATAIAH

JUDGEMENT

(1.) This appeal is directed against judgment and decree dtd. 21/12/2006 passed by the learned Senior Civil Judge at Narayanpet in A.S.No.23 of 2006 confirming the judgment and decree dtd. 21/8/2006 passed by the learned Junior Civil Judge, Narayanpet in O.S.No.31 of 2002. The said suit was filed by the plaintiffs against the defendants seeking partition and separate possession of 1/3rd share out of suit land to an extent of Ac.17.09 guntas in Sy.No.52 situated at Maganoor Village. By the judgment and decree dtd. 21/8/2006, the trial Court decreed the suit and declared that the plaintiffs together entitled for the 1/3rd share in the suit property.

(2.) O.S.No.31 of 2002 was filed by the plaintiffs seeking partition and separate possession of 1/3rd share out of suit land to an extent of Ac.17.09 guntas in Sy.No.52 situated at Maganoor Village. Defendant Nos.1 to 6 were remained set exparte and never contested the suit. In support of their contentions, the plaintiffs got examined P.Ws.1 to 4 and marked Exs.A.1 to A9 on their behalf. No evidence was adduced on behalf of the defendants.

(3.) Considering the oral and documentary evidence adduced by the plaintiffs, the trial Court decreed the suit filed by the plaintiffs holding to the effect that they are entitled for 1/3rd share each in the suit schedule property. Aggrieved by the same, Defendant Nos.7 to 9 preferred an appeal, but it was also dismissed confirming the judgment and decree of the trial Court. Dissatisfied with the judgment and decree, they filed the present second appeal.