SHANMUKAPPA Vs. UMMAKK AND ORS.

JUDGEMENT

(1.) This appeal is filed by defendant No.2 challenging the judgment and decree passed in O.S.No.65/2006 dated 18.01.2010 which is confirmed in R.A.No.26/2010 dated 18.06.2011 by the Additional District Judge, Ballari.

(2.) The parties are referred to as per their ranking before the trial Court.

(3.) Brief facts of the case are that, plaintiffs filed a suit for partition and separate possession in respect of the suit schedule property. The original propositus Goolajja had three sons by name, Veeranna, Saneppa and Patribasappa. Sanappa has got a son by name Malesetty Guleppa, i.e., defendant No.1 and his wife by name Gowramma who is plaintiff No.4 in the suit. They got two sons and five daughters, i.e., Shanmukhappa defendant No.2, Erappa defendant No.3, Ummaka plaintiff No.1, Lalitamma, plaintiff No.2, Ratnamma died leaving behind Shivaraj plaintiff No.3, Siddamma plaintiff No.5 and his wife Gowramma plaintiff No.4. The contention of the plaintiffs is that the suit schedule properties are fallen to the share of Sannekappa, i.e., father of defendant No.1. The father of defendant No.1 was in possession and enjoyment of the suit schedule properties and after his death, plaintiffs and defendant Nos.1 to 3 are in joint possession and enjoyment of the same. Suit schedule properties are the joint family ancestral properties of the plaintiffs and defendant Nos.1 to 3. After the marriage of plaintiff Nos.1 and 2, they are residing in their respective husband's house, the marriage of plaintiff No.2 took place on 10.04.1998 at Sasalavada village. Her husband expired about 5 years back and Rathnamma died leaving behind her only son plaintiff No.3-Shivaraj. There was no partition between the plaintiffs and defendant Nos.1 to 3. Defendant No.1 is the Kartha of the joint family. Suit schedule properties are standing in the name of defendant Nos.1 and 2. The plaintiffs requested the defendants to effect partition, but the defendants refused to effect a partition. Hence, the plaintiffs filed a suit for partition and separate possession.