NARASIMHA MURTHY Vs. CHANDRAMANI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30th August, 2014 passed by the II Additional Senior Civil Judge at Mysore in OS No.54 of 1997, whereunder suit filed by the respondents No.1 and 2 herein against the appellants as well as respondents No.3 to 5 for partition and separate possession claiming 1/5th share came to be decreed in part namely in respect of item No.1 of suit schedule properties.

(2.) For the sake of convenience, parties in this appeal shall be referred to in terms of their status before the trial Court.

(3.) The plaintiffs filed suit OS No.54 of 1997 seeking partition and separate possession claiming one-fifth share in respect of suit schedule properties by metes and bounds. Plaint schedule properties consisted three immovable properties which is described as items No.1 to 3 respectively in the plaint and item No.4 is the movable property. First plaintiff is the mother of second plaintiff and first defendant is the mother-in-law and grand-mother of plaintiffs 1 and 2 respectively; and other defendants are the sisters-in-law and brothers-in-law of the first plaintiff. Since plaintiff had filed the suit for partition and separate possession in respect of the plaint schedule properties the genealogical tree of the family consisting of plaintiffs and defendants, is described herein below: