ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH)

This Regular Second Appeal is filed by the defendant Nos.1 to 8 and 13, challenging the judgment and decree dated 22.11.2012 in RA No.77/2012 on the file of Fast Track Court and Adhoc District Judge, Hukkeri sitting at Gokak (for short, hereinafter referred to as ‘First Appellate Court’), dismissing the appeal and confirming the judgment and decree dated 23.02.2012 in OS No.46/2010 on the file of Principal Senior Civil Judge, Gokak (for short, hereinafter referred to as ‘Trial Court’), decreeing the suit of the plaintiff in part.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

3. It is the case of the plaintiffs that, schedule property is joint family property of plaintiffs and defendant Nos.1 and 7 to 13. It is stated that the suit schedule property is originally belongs to Tammanna who had two wives namely, Krishnawa and Ningawwa. Krishnawa had three daughters namely Lagamawwa (mother of the plaintiffs), Gourawwa (who died without issues) and Sattewwa, (mother of defendant Nos.1, 7 to 9 and grand-mother of defendant Nos.10 to 13). The second wife of Tammanna – Ningawwa h