ORAL JUDGMENT

2. RSA No.100058/2018 is filed by defendants challenging the judgment and decree dated 08.12.2017 in RA No.36/2013 on the file Senior Civil Judge, Kumta (for short, hereinafter referred to as ‘First Appellate Court), allowing the appeal and set aside the judgment and decree dated 07.09.2013 in OS No.33/2008 on the file Civil Judge at Kumta (for short, hereinafter referred to as ‘Trial Court’), dismissing the suit.

3. RSA No.100059/2018 is filed by plaintiff challenging the judgment and decree dated 08.12.2017 in RA No.33/2013 on the file First Appellate Court, allowing the appeal and set aside the judgment and decree dated 07.09.2013 in OS No.36/2008 on the file Trial Court, dismissing the suit.

4. Since, First Appellate Court and the Trial Court have clubbed the suits and appeals and disposed off by impugned judgment and decree, wherein the parties are same and subject matter of the property is identified, accordingly, appeals were heard together and dispose off by this common judgment.

Facts in RSA No.100058/2018:

5. It is the case of the plaintiff in OS No.33/2008 that, the original propositus-Subray had three children namely Venkta, Parameshwar and Rama. Plaintiff – La