S. LAKSHMANA Vs. SRIRANGA AND OTHERS

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 26.10.2004 in R.A. No. 116/1997 passed by the Prl. Civil Judge (Sr. Dn.), at Kolar.

(2.) APPELLANT is the plaintiff and respondents are the defendants before the trial Court. In this judgment, for convenience, the parties are referred to their status before the trial Court.

(3.) THE defendants entered appearance before the trial Court and filed written statement inter alia contending that the first plaintiff is not the wife of the propositor Seenappa and second plaintiff is not the son. It is contended that there is no relationship between the plaintiff and the first defendant. The suit schedule properties are not the joint family properties. Alternatively, it is contended that already a partition had taken place between the plaintiffs and defendants and as such, question of re -opening the partition will not arise. On these grounds, the first defendant opposed the claim of the plaintiffs. The defendants 2 and 3 have not contested the proceedings.