JUDGMENT

This Regular Second Appeal is filed by the plaintiffs 1 and 3, challenging the judgment and decree dated 15th June, 2010 passed in Regular Appeal No.96 of 2003 on the file of the Principal Civil Judge (Sr.Dn.), Ranebennur (hereinafter referred to as ‘the First Appellate Court’, for brevity), setting aside the judgment and decree dated 17th November, 2003 passed in Original Suit No.144 of 2000 on the file of the Principal Civil Judge (Jr.Dn.), Ranebennur, (hereinafter referred to as ‘the trial Court’, for brevity), decreeing the suit of 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 original propositus–Siddalingappagouda had a son by name Gangangouda, who had three children, viz. Fakkirgouda (defendant No.2), Basangouda (deceased represented by his wife Basawwa defendant No.1); and Shivangouda who died leaving behind his son Shankargouda (plaintiff No.1). Plaintiffs 2 and 3 are the children of Fakkirgouda (defendant No.2