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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
HANCHATE SANJEEVKUMAR
Bheemappa S/o Ramanna Pujar – Appellant
Versus
Basobi W/o Shabboddin Naikar – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
1. This appeal is filed by the plaintiffs challenging the judgment and decree dated 30.11.2012 passed in O.S.No.267/2010 on the file of I Additional Senior Civil Judge, Hubballi, 1hereinafter referred to as ‘the Trial Court’ for short, thereby, the suit filed by the plaintiffs is dismissed.
2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.
PLAINT:
3. It is the case of the plaintiffs that the suit schedule property was granted by the Government to one Bheemappa S/o Basappa Pujar on 27.04.1975 by M.E.No.2202 and he has wife by name Smt. Khatunbi and the said Bheemappa Pujar and Khatunbi died issueless. Bheemappa Pujar had one brother namely Ramappa Pujar and was cultivating the suit land together by planting full trees etc. Ramappa Pujar was also expired leaving behind the plaintiffs and defendant Nos.10 to 14 as his legal heirs. Thus, the plaintiffs are Class-II legal heirs.
4. Further it is pleaded that, after the death of Bheemappa Pujar, his brother Ramappa Pujar was legally entitled to right over the suit schedule property by way of succession as per the Hindu Law as nearest
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