BHARATHI Vs. SMT. DHANALAKSHMI

JUDGEMENT

(1.) Appeal is by defendants 2 to 5 challenging the order of the XXII Addl. City Civil Judge, Bangalore in OS 4522/2003 on 20.12.2008.

(2.) In respect of the suit properties at the hands of the father Muninarayanappa, his only daughter Dhanalakshmi filed a suit against the defendants viz., the mother, and brother's wife and children, for 1/3rd share. Earlier to the death of Muninarayanappa i.e., during the lifetime of Muninarayanappa, there was a suit filed by the present plaintiff along with her brother Ramanjaneya seeking for partition and 1/3rd share. The said suit ended in compromise in respect of property in Sy. No. 159 measuring 3.20 acres. In the compromise, 1.00 acre was given to the plaintiff and her brother Ramanjaneya. Remaining property was retained by their father Muninarayanappa. After the death of the father during 2003, suit came to be filed by the daughter against her mother who succeeded to the estate of the father of the plaintiff and the husband of 1st defendant, also making the wife and children of the deceased brother - Ramanjaneya as defendants.

(3.) The contention of appellants/defendants 2 to 5 is, after the earlier partition, there was severance of status of co-parcenary and the property at the hands of the father Muninarayanappa is separate property. However, since Ramanjaneya son of Muninarayanappa even after division continued to be in joint status, according to the appellant's counsel, the entire property should be made available to be shared by the wife and son of Muninarayanappa on such severance of status of co-parcenary as per S.6 of the Hindu Succession Act.