SHANTHAMMA Vs. NANJUNDA REDDY

JUDGEMENT

(1.) Sri Nanjunda Reddy, the 1st respondent herein filed a suit for partition in O.S.No.169/1997. The said suit was filed against his brothers namely Sri Shivanna, Sri Narayana Reddy and Sri Ramaswamy Reddy (respondents 2, 3 and 4 herein) and also against his mother Smt.Chowdamma and his sisters Smt.Shantamma, Smt.Kantamma and Smt.Sunandamma.

(2.) The said suit ended in a decree under which Sri Nanjunda Reddy granted 1/4th share. The preliminary decree granted in O.S.No.169/1997 was initially set aside in R.A.No.302/2003 and this Court in R.S.A.No.852/2008 restored the decree of the Trial Court. Thus, as per the order of this Court, Sri Nanjunda Reddy, the plaintiff became entitled for 1/4th share.

(3.) Thereafter, Sri Nanjunda Reddy initiated proceedings to draw up a final decree in FDP No.4/2011. In the final decree proceedings, his sister Smt.Shantamma, petitioner herein made an application for enlarging her share on the premise that she was entitled to the benefit of the amendment to the Hindu Succession Act . In other words, she contended that she was entitled to the same share as her brother. The Trial Court, by the impugned order, has rejected the said application on the ground that it was bound by the decree passed in the trial Court which was confirmed in R.S.A.No.852/2008.