IMAMSAB Vs. JYOTI
LAWS(KAR)-2022-6-98
HIGH COURT OF KARNATAKA
Decided on June 30,2022

IMAMSAB Appellant
VERSUS
JYOTI Respondents

JUDGEMENT

- (1.)This Regular Second Appeal is filed by the Defendant No.4, challenging the judgment and decree dtd. 14/1/2022 in R.A.No.36/2018 on the file of the I Additional District and Sessions Judge, Bagalkot, sitting at Jamkhandi, (hereinafter referred to as 'the First Appellate Court', for brevity), confirming the Judgment and Decree dtd. 26/2/2018 passed in O.S.No.79/2014 on the file of the Principal Senior Civil Judge and JMFC, Mudhol (hereinafter referred to as 'the trial Court', for brevity), decreeing the suit of the plaintiffs .
(2.)For the sake of convenience, the parties to this appeal shall be referred to in terms of their status and ranking before the trial Court.
(3.)It is the case of the plaintiffs that, the plaintiffs and defendant Nos.2 and 3 are the children of one Ningappa Badiger and Neelavva (Defendant No.1). Father of the plaintiff died leaving behind the plaintiffs and defendant Nos.1 to 3 to succeed to his estate. It is the case of the plaintiffs that, the plaintiffs are in need of financial assistance for their education and as such, approached the Tahashildar Office, seeking RTC extracts of the schedule property and came to know that the defendant No.4 had purchased the same fraudulently from the defendant Nos.1 to 3 and as such, the plaintiffs have filed suit seeking partition and separate possession in respect of the suit schedule property in O.S.No.79/2014 on the file of the trial Court.


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