LAXMIBAI Vs. ANASUYA

JUDGEMENT

(1.) It is the defendant's revision petition filed challenging the order passed by the trial Court, which held neither the suit is hit under Section 9 of the Code of Civil Procedure nor the provisions of the Hindu Succession Act.

(2.) For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) O. S. No. 167/2008 is filed by Anasuya W/o. Ningappa aged 45 years, against Laxmibai wife of Ningappa who was aged 60 years, on the date of the suit. The plaintiff's case was that Ningappa married Laxmibai, she was his first wife. As he did not have any children through Laxmibai, he married Anasuya, through her also he had no children. In other words, defendant is the first wife and plaintiff is the second wife of Ningappa.