AND DECREE DTD 9.1.09 PASSED

IN

R.A.NO.152/06 ON THE FILE OF THE III ADDL. DISTRICT

JUDGE, GULBARGA, ALLOWING THE APPEAL AND DECREEING

THE JUDGEMENT AND ORDER DTD 13.10.06 PASSED IN

O.S.NO.238/2004 ON THE FILE OF THE PRL.CIVIL JUDGE,

(SR.DN), GULBARGA.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This is a second appeal by the defendants.

Mallappa, the plaintiff instituted a suit for declaration

that he was entitled for 1/5^th share in the house bearing

No.1-52 and 1-53 along with open space land bearing

Sy.No.11/A1

measuring

3

acres

36

guntas

and

Sy.No.No.11/AA2 measuring 4 acres.

- 3 -

It was his case that the suit properties were the

ancestral properties of his grand-father Malkappa who had

only one son Janappa i.e., the father of Mallappa. He

stated that his father had married one Mutamma through

whom he had a daguther Sarubai (defendant No.1 and

defendant No.2 respectively) and his father had also

married his mother Jainamma (defendant No.3), who had

three children i.e. Mallappa (plaintiff) Ramaling (defendant

No.5) and Laxmibai (defendant No.4) and thereafter had

married. He submitted that his grand-father Malkappa