ANAND BYRAREDDY
D. M. VENKATARAMANAPPA – Appellant
Versus
CHIKKADADDAPPA – Respondent
These two appeals by the same appellants are filed against a common order on I.A. Nos. II and III filed by them before the Trial Court.
2. The facts of the case are as follows.-
The appellants claim that they, along with the respondents, except respondent 4, constituted a Hindu Joint Family. It is stated that the father of appellant 1 had three wives. Appellant 1 and father of appellant 3 are children of Bhagyamma, the third wife. Respondents 1 to 3 are born to Chikka Akkayamma, the second wife. Dodda Akkayamma, the third wife of Munishamappa, did not have any children. During the lifetime of late Munishamappa, appellant 1 and one Muniyappa had filed O.S. No. 185 of 1975. The said Muniyappa, the plaintiff therein, and Munishamappa, defendant, had entered into a compromise and the suit was accordingly decreed in terms of the compromise. At para 15 of the compromise petition, it was' recorded as follows.-
"It is agreed that the eastern portion of Survey No. 88 measuring 2 acres 4 guntas is left for the maintenance of Chikka Akkayamma, the mother of defendants 1 to 3 and Dodda Akkayamma and they shall hold the said land for the their lifetime".
Dodda Akkayamma having died int
Bhura and Others v. Kashiram, AIR 1994 SC 1202 : (1994)2 SCC 111
Kothi Satyanarayana v. Galla Sithayya and Others, AIR 1987 SC 353 : (1986)4 SCC 760
Badri Pershad v. Smt. Kanso Devi, AIR 1970 SC 1963 : (1969)2 SCC 586
Mangat Mal (dead) and Another v. Smt. Punni Devi (dead) and Others, (1995)6 SCC 88
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