RAMCHADRA YALLAPPA PATIL Vs. LAXMI

JUDGEMENT

(1.) The top noted second appeal is filed by defendant Nos.1, 3 and 4 challenging the judgment and decree dated 16.04.2014 passed by the V Additional District and Sessions Judge, Belgaum in R.A.No.134/2013 and judgment and decree dated 12.02.2013 passed by the II Additional Senior Civil Judge, Belgaum in O.S.No.9/2002, wherein both the Courts have concurrently negatived the plea of partition set by the appellants/defendants and have decreed the suit for partition allotting legitimate share to respondent Nos.1 to 5-plaintif fs.

(2.) The facts leading to the top noted second appeal are as under:

(3.) On receipt of summons, the present appellant No.1-defendant No.1 filed written statement and stoutly denied the entire averments made in the plaint. Appellant No.1-defendant No.1 took a specific contention in the written statement that there was oral partition and in the said oral partition the properties were distributed among the members of the joint family. Appellant No.1- defendant No.1 also furnished schedule indicating the mode of partition. Further a contention was also taken by appellant No.1-defendant No.1 that propositus Yallappa retained some properties in family partition and later he has bequeathed those properties in favour of the appellant No.1- defendant No.1 as per Will dated 17.03.1986.