This Regular Second Appeal is filed by defendant No.1,

challenging the judgment and decree dated 12.11.2021 passed in

R.A.No.25/2015 on the file of the Senior Civil Judge, at

Ramadurga, (hereinafter referred to as ‘the First Appellate Court’,

for brevity), partly allowing appeal and modifying the judgment and

decree dated 20.12.2014 passed in O.S.No.61/2009 on the file of

the Civil Judge and JMFC, Ramadurg (hereinafter referred to as

‘the trial Court’, for brevity) , decreeing the suit of the plaintiff.

- 5 -

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.

The relevant facts for adjudication of this appeal are

that, the plaintiffs claims to be the surviving Class-II heirs of late

Sri.Mallanagouda

Siddanagouda

Patil.

Sri.Mallanagouda

Siddanagouda

Patil

died

on

23.02.1982

at

Belagavi.

Mallanagouda Siddanagouda Patil is propositus having 3 children,

one

Sankanagouda,

Mallanagouda

and

Smt.Shamabavva.

Sankanagouda died on 03.05.1980 leaving behind Balanagouda,

Basanagouda (defendant No.3), Sankavva (defendant No.4),

Smt.Sumitra (defendant No.5) and Neelappagouda (defendant

No.6). Balanagoud