KAVITHA Vs. K.S.INDIRAMMA

JUDGEMENT

(1.) This judgment disposes of two first appeals, RFA 948/2009 and RFA 1334/2011 although they arise from judgments of two different courts. The events that have led to preferring the appeals are as follows : -

(2.) RFA 948/2009 arises from judgment and decree dated 21.7.2009 in O.S.5303/2008 on the file of Additional City Civil Judge. Smt. Kavita and her minor son, Master Yeshas instituted the suit. The reliefs claimed in the suit are declarations that Smt. Kavita is the second wife and Master Yeshas, the son of K.S.Nagaraja Rao. The defendants in the suit are K.S.Nagaraja Rao's mother, Smt. K.S.Indiramma and first wife Smt. Manikyamma. The learned Judge answered the preliminary issue with regard to maintainability of the suit in negative and dismissed the suit. Hence this appeal.

(3.) Smt. K.S.Indiramma being the mother of K.S.Nagaraja Rao brought a suit for partition and separate possession of her 1/2 share against her daughter-in-law Manikyamma by instituting a suit O.S.221/2006 in the Court of Principal Civil Judge (Senior Division) at Tumkur. Smt. Indiramma pleaded that her son K.S.Nagaraja Rao, while alive, got a house property described as item No.1 of the plaint schedule by virtue of a Will dated 30.4.1988 executed by one Smt. Savithramma, and purchased the property at item No.2 of the plaint schedule on 15.6.1978 from K.V.Ranganath and others. Her son was the absolute owner of these two properties. He died issueless on 15.2.2006. Herself and Manikyamma are the legal heirs and thus she claimed 1/2 share.