RATHNAMMA Vs. SUJATHAMMA

JUDGEMENT

(1.) Defendant No.2, defendant No.5 and legal heirs of defendant No.4 are in appeal aggrieved against the judgment passed by High Court of Karnataka on 3rd April, 2008 dismissing their second appeal maintaining the judgment and decree passed by the First Appellate Court on 2nd July, 2005 whereby the suit for partition filed by plaintiff Sujathamma was decreed.

(2.) The following Genealogical Tree would be necessary to appreciate the dispute between the parties:-

(3.) Defendant No. 1 Sonnappa died during the pendency of the suit leaving behind two sons - Venkatarayappa and predeceased son - Hanumanthappa and three daughters - Sonnamma, Kenchamma and Lakshmamma. Sonnamma, Kenchamma and Lakshmamma have been brought on record as legal heirs of defendant No. 1. The plaintiff - Sujathamma, maternal grand-daughter of Sonnappa, claims to have married Hanumanthappa on 7th March, 1986. Hanumanthappa died on 15th October, 1986. The claim of the plaintiff is that she is entitled to the share of the estate of Sonnappa, as wife of deceased Hanumanthappa. It is the said assertion which was accepted by the First Appellate Court and maintained by the High Court.