That one Sri Mukappa Yallappa Nidagundi had four sons and four daughters by name (1) Doddayallappa, (2) Huchchirappa, (3) Sannayallappa, (4) Shivamurteppa (defendant No. 24), (5) Durgavva (plaintiff No. 1), (6) Mahadevi (plaintiff No. 3), (7) Sannadurgavva (plaintiff No. 4) and (8) Sundrawa. Smt. Sundravva is no more and plaintiff No. 2 is her grand-daughter. As per the genealogy furnished by the plaintiffs in paragraph No. 3 of the plaint, defendant Nos. 1 to 7 are the children of Sri Doddayallappa and his wife Smt. Durgawa; defendant Nos. 9 to 10 and 14 to 19 are the children and defendant No. 8 is the wife of Sri Huchchirappa; defendant No. 11 is the wife and defendant Nos. 12 to 13 are the children of Sri Prakash who is the deceased son of Sri Huchchirappa; defendant No. 20 is the wife and defendant Nos. 21 to 23 are the children of Sri Sannayallappa.
(i) ‘Whether the defendant No. 9 proves that suit land was self-acquired property of Mukappa and it was given to Huchchirappa legally?(ii) Whether the defendant No. 9 further proves that LRs of Huchchirappa have become owners of suit land by way of adverse possession?(iii) Does he prove that suit land is bad for non-inclusion of land Sy. No. 302/1?(iv) Does he prove that this Court has no pecuniary jurisdiction to try suit?(v) Whether plaintiffs are entitled for share in schedule properties?”
“Whether the impugned judgment and decree dated 11th January 2016 passed in OS No. 17 of 2014 by the learned Senior Civil Judge is justified under law?”
ORDER(I) The appeal filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 is hereby dismissed;(II) Consequently, the judgment and decree dated 11th January 2016, passed by the learned Senior Civil Judge and JMFC, Ron, in OS No. 17 of 2014 is hereby confirmed.