LAWS(KAR)-2022-4-167

MARAMMA Vs. MALLEGOWDA

Decided On April 08, 2022
MARAMMA Appellant
V/S
Mallegowda Respondents

JUDGEMENT

(1.) The plaintiff and defendants 2 and 3 have filed this regular second appeal challenging the judgment and decree dated 17.12.2011 passed by the IV Addl. District Judge, Mysuru, in R.A.No.377/2011 reversing the judgment and decree dated 16.06.2011 passed by the Civil Judge (Sr.Dn.), Nanjangud, in O.S.No.17/2009.

(2.) For the sake of convenience, the parties are referred to by the rank assigned to them in the court at first instance.

(3.) Brief facts of the case that would be relevant for the purpose of disposal of this appeal are, the plaintiff had filed O.S.No.17/2009 before the Trial Court seeking partition and separate possession of the suit schedule properties and she claimed 1/4th share in the suit schedule properties. It is the case of the plaintiff that plaintiff and defendants are the children of one Madegowda and their mother was Madamma. Madegowda and Madamma had another son by name Moogegowda who had expired unmarried prior to the filing of the suit. The suit schedule properties are their ancestral joint family properties and after the death of Madegowda and his wife Madamma, the khatha in respect of the suit schedule properties were got transferred in the name of defendant no.1. However, the plaintiff and other defendants continued to be in joint possession of the suit schedule properties along with defendant no.1. No partition was effected in the family after the death of Madegowda, and therefore, the plaintiff had requested the defendants to effect partition on 12.12.2008 and since the defendants kept on postponing the same, the plaintiff was constrained to file O.S.No.17/2009 seeking 1/4th share in the ancestral joint family properties left behind by their father.