JUDGEMENT
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(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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