(1.) This regular first appeal has been heard afresh pursuant to the directions issued by the Hon'ble Supreme Court in Civil Appeal No. 67/2016, dated 04.01.2016.
(2.) This appeal is filed by the defendants, in O.S. No. 456/1988, being aggrieved by the judgment and decree passed by the III Additional Civil Judge, Bijapur, dated 29.06.1996. That suit was filed by the respondents/plaintiffs seeking the relief of partition, separate possession and declaration.
(3.) The respondents/plaintiffs filed the suit in respect of two landed properties bearing RS. Nos. 116 and 246, measuring 28 acres 30 guntas and 28 acres 11 guntas, respectively situated at Bidarkundi Village and suit houses bearing MPC Nos. 75 and 76, (hereinafter referred to as "the suit schedule properties"). According to the plaintiffs, one Imamsa was the original propositus, he had two sons namely, Chandsa and Lalsa. Lalsa, the second son of the original propositus-Imamsa, died long ago without having any legal heirs. Chandsa had two wives namely, Anasarama and Rajama. Through Ansarama, Chandsa, begot a son, Nabisa, who is the husband of defendant No. 1 and father of defendant Nos. 2 to 5. Through his second wife, Rajama, Chandsa had six children namely, two sons who are plaintiff Nos. 1 and 2 and four daughters i.e., plaintiff Nos. 3 to 5 and one Sahebi, the deceased mother of plaintiff Nos. 6 and 7. Chandsa being the elder son of Imamsa, died leaving behind eight legal heirs namely, widow Rajama, three sons and four daughters. Ansarama, his first wife, predeceased Chandsa. Nabisa died on 17.01.1976, leaving behind his legal heirs namely, his widow and sons, defendants in the suit. His widow, Chandama died on 19.09.1988.