SIDDALINGAPPA, ADOPTED FATHER MALLANNAGOWDAMOODABAGIL @ M MALLANNAGOWDA Vs. SHIDDANAGOUDA ADIVEPPAGOWDA AND ORS

JUDGEMENT

(1.) This regular f irst appeal is by the plainti f f in the trial court being aggrieved by the suit for partition and separate possession of 1/4th share in the suit schedule properties, being dismissed by the trial court.

(2.) The facts in the nutshell are that; the plainti f f being the wi fe and adoptive son of one Mal lanagouda f iled the suit for the aforesaid rel ief of partition and separate possession of their 1/4th share in the suit schedule properties on the foundation that, al l the suit properties of the joint fami ly properties of the fami ly comprising that of the plaintif fs as well as the other brothers of above said Mal lanagouda. It is also the case of the plaintif fs that one Adiveppagowda was the propositus of the fami ly and his wi fe was one Mal lawwa and the said couple had 8 children, out of them, three were daughters and other were the sons and first plaintif f's husband Mal lanagouda is the brother of defendants 1, 2 and 3. Defendants 4 to 8 are the children al l born to f irst defendant and his wi fe Bharmawwa and the second defendant and his wi fe Rudrawwa gave birth to defendant No.9, 10 and 11 and third defendant Kallanagouda and his wi fe Gangawwa who are the parents of defendant No.12 and 13. It is also their case that, defendant No.14 happen to be the wi fe of first son Basappa. Adiveppagowda's third son is defendant No.15. Defendant No.16 happens to be one of the sisters of the first plaintif f's husband and defendant No.17 to 21 are the chi ldren born to the first plainti ff's sister-in-law Sankawwa and her husband Basappa. It is also the case of the plaintif fs that second plaintif f is the adopted son of the first plaintif f .

(3.) Apart from the aforesaid relationship mentioned in the plaint, plainti f fs are claiming separate shares in the suit schedule properties on the ground that the suit properties are the joint fami ly properties of the fami ly of the plainti f fs and the defendants and no partition whatsoever has taken place at any point of time and therefore the plainti f fs are entitled for the rel ief sought for by them.