RAMANNA HANAMANT Vs. LAXMAN HANAMANT

JUDGEMENT

(1.) The top noted second appeal is filed by defendant Nos.2 to 6 challenging the concurrent judgment and decree dated 10.12.2019 passed by the Senior Civil Judge & JMFC, Bilagiin R.A.No.26/2015 confirming the judgment and decree dated 09.10.2015 passed by the Civil Judge & JMFC, Bilagiin O.S.No.104/2013.

(2.) Respondent No.1/plaintiff filed a suit for partition and separate possession against his father namely Hanamant, his brothers and sisters seeking partition and separate possession. Respondent No.1/plaintiff specifically contended that the suit schedule properties are ancestral properties. Respondent No.1/plaintiff averred in the plaint that the suit schedule properties were purchased by utilizing joint family funds. The cause of action to fi le the present suit was, after defendant No.2 transferred agriculturalland bearing Sy.No.63/2 measuring 5 acres in favour of his wife and children i.e., defendant Nos.3 to 6. It is also averred in the plaint that the parents had filed a similar suit in O.S.No.100/2010, in the said suit the father of plaintiff namely Hanamant transposed himself as defendant. Since mother of present plaintiff namely Sheetavva died during the pendency of O.S.No.100/2010, the suit was dismissed as abated.

(3.) There is also an averment by the plaintiff that after the death of her mother he had filed an application seeking to withdraw his counter claim in O.S.No.100/2010. The Court has granted permission and accordingly suit was dismissed as abated and counter claim was withdrawn. The present suit is filed by the 1st respondent/plaintiff by specifically contending that the suit schedule properties are the joint family ancestral properties and since the defendants are acting adversely to interest of plaintiff, the present suit is filed.