ORAL JUDGMENT

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

This Appeal is preferred by defendant No.1, challenging the judgment and decree dated 20.07.2012, passed in RA No.6/2011 on the file of Senior Civil Judge, Bilagi, (for short, hereinafter referred to as ‘First Appellate Court’), dismissing the appeal and confirming the judgment and decree dated 18.03.2011 in OS No.42/2007 on the file of Civil Judge, Bilagi (for short, hereinafter referred to as ‘Trial Court’) decreeing the suit of the plaintiff.

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 plaintiff that the original propositus- Mudakappa died on 02.05.1977 leaving behind his only son Ayyappa-defendant No.1. The defendant No.1 married Sannatangevva, and in their wedlock plaintiff is born. The defendant No.1 married Gangavva (second wife–defendant No.2) and in their wedlock six children were born. Defendant No.3 is the son of defendant Nos.1 and 2. It is the case of the plaintiff that, the plaintiff is having share in the suit schedule property and same was denied by the defendants and as such the plaintiff has filed OS No.329/2005 and same was r