ADEVEPPA Vs. SIDDAWWA

JUDGEMENT

(1.) The appellants - defendant Nos.7 to 9 are the purchasers of R.S.No.206 to the extent of 6 acres 2 guntas of Bilakundi Village, Gokak Taluk from defendant Nos.2 to 5. Appellants have questioned the validity of the judgment and decree dated 18.10.2012, passed in R.A.No.73 of 2010 on the file of the I-Additional District Judge, Belgaum, partly allowing the appeal filed against the judgment dated 22.12.2009 and the decree passed in O.S.No.114 of 2006 on the file of the II-Additional Civil Judge (Sr.Dn.), Gokak.

(2.) For the purpose of identification among the family members of the plaintiff's genealogy of the family is as under:

(3.) On 06.08.2005, defendant Nos.2 and 5 sold 4 acres 22 guntas of land out of 6 acres 2 guntas in R.S.No.206 to defendant Nos.7 to 9 (appellants herein) under two sale deeds on the same day. Out of 4 acres 22 guntas, defendant No.2 sold 1 acre 21 guntas in favour of defendant No.7 and defendant No.5 sold 3 acre 1 guntas in favour of defendant Nos.8 and 9. Plaintiffs =Lakkawwa (def.No.5) have filed suit for partition in respect of the property bearing R.S.No.206. The propositus - Siddappa and Laxmawwa died on 22.09.1965 and 29.09.1998 respectively. Their two sons namely Hanamanth and Kallappa were died and their daughters are plaintiffs. Defendants are wife and children of Hanmant and Kallappa (Sons' of Siddappa).