RAMAMANI Vs. SUDHA

JUDGEMENT

(1.) This is a regular first appeal filed under Section 96 of the Code of Civil Procedure assailing the judgment dated 12.02.2015 passed by the III Additional Senior Civil Judge, Hubballi in O.S. No.52/2014.

(2.) The parties shall be referred to as per the rank they held before the Trial Court.

(3.) The plaintiff is the wife of Sri.Ashok Hulyalkar and the defendants are sisters of Sri.Ashok Hulyalkar. The plaintiff's husband and the defendants are the children of Sri.Bapurao Hulyalkar. The suit is filed with a prayer seeking partition and separate possession of an immovable property which is a residential property consisting of a residential building and vacant area bearing CTS No.163/77A measuring 540, 2/9 square yards situated at Deshpande Nagar, Hubballi. The plaintiff has claimed 1/5th share in the suit schedule property. The plaintiff has stated that since her husband Sri.Ashok Hulyalkar was entitled for 1/5th share in the suit schedule property and he died leaving the plaintiff as the sole legal heir, she was entitled for the share of the husband in the suit schedule property.