MALLIKARJUNA Vs. SHIVASHARANAPPA

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal against the judgment and decree of the lower Appellate Court which has modified the shares allotted by the trial Court in a suit partition filed by them.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) PLAINTIFFS 1 and 2 are the sons of plaintiff No. 3 who is the wife of defendant No. l. Defendant No. 4 is the second wife of defendant No. l. Defendants 2 and 3 are the sons born to the first defendant through defendant No. 4. The plaintiffs case is that, Sy. No. 177 measuring 8 acres 39 guntas, Sy. No. 177/2 measuring 8 acres 39 guntas, Sy. No. 182/2/1 measuring 4 acres 6 guntas, Sy. No. 182/2/2 measuring 4 acres 6 guntas and Sy. No. 182/3/2 measuring 4 acres 34 guntas, all situated at Kusnoor village, are ancestral properties. Sy. No. 193 measuring 13 acres of Kusnoor village was granted to defendant No. l under the provisions of the karnataka Land Reforms Act as he being the elder member of the family. House bearing Nos. 1-27 and 2-7 are also ancestral properties. Their grievance is first defendant illegally married the mother of defendant Nos. 2 and 3 about 14 years back, they are the illegitimate children. Therefore, each of the plaintiffs are entitled to l/3rd share in the coparcenary property.