PREMA Vs. NANJE GOWDA

JUDGEMENT

(1.) The question which arises for consideration in this appeal is whether the Appellant, who failed in her challenge to the preliminary decree passed in a suit for partition filed by Respondent No. 1 can seek enhancement of her share in the joint family property in the final decree proceedings in terms of Section 6A inserted in the Hindu Succession Act, 1956 (for short, "the Act") by the Hindu Succession (Karnataka Amendment) Act, 1990, which received Presidential assent on 28.7.1994 and was published in the Karnataka Gazette dated 30.7.1994.

(2.) The suit for partition and separate possession of his share filed by Respondent No. 1, which came to be registered as O.S. No. 425 of 1989, was decreed by Munsiff, Srirangapatna (hereinafter described as, Rs. the trial Court) vide judgment dated 11.8.1992. The trial Court held that Plaintiff Respondent No. 1 and Defendant No. 3 are entitled to 2/7th share and Defendant Nos. 1, 4, 5 and 6 are entitled to 1/28th share each.

(3.) Regular Appeal No. 69 of 1992 jointly filed by the Appellant, who was Defendant No. 6 in the suit and Defendant Nos. 1, 4 and 5 was dismissed by Civil Judge (Senior Division), Srirangapatna (hereinafter described as Rs. the lower appellate Court) vide judgment dated 20.3.1998. Regular Second Appeal No. 624 of 1998 filed by Defendant Nos. 1, 4 and 5 was dismissed by the High Court vide order dated 1.10.1999 on the ground that the same was barred by limitation.