- (1.)Heard the Counsel for the appellants and the respondent.
(2.)The parties are referred to by their rank before the Trial Court for the sake of convenience.
(3.)The facts are as follows:
The appellants were the defendants before the Trial Court. The respondent who was the plaintiff before the Trial Court had filed a suit seeking partition and separate possession of half share in the entire suit schedule properties. It was the case of the plaintiff that one Nanjappa was the propositus who had three sons, by the name of Channabasappa, Mallappa and Revanna. Channabasappa, the eldest son had a son by the name of Revanasiddappa, who was the father of the plaintiff. Mallappa, the younger son had a son, by the name of Chikkasiddappa Shetty, who was the father of T.C. Nanjappa, the defendant in the suit. Revanna, the youngest son had died unmarried. The geneological table of the family is reproduced for the sake of clarity.
Nanjappa (Propositus) ___________________|_________________ | | | Channabasappa Mallappa Revanna | | | Revanasiddappa Chikkasiddappa Dead (Dead) Shetty (Dead) unmarried | | | Virupakshapp T.C. Nanjappa a Plaintiff/ (Original Respondent Defendant-dead) _____________|______________ | | Sarvamangala Kathyayani (Widow) D.1(b)/Present (D.1)(a)/ Appellant No. 2 Appellant No. 1