MAHAVEER Vs. CHAMPAWWA

JUDGEMENT

(1.) This Regular Second Appeal is filed by defendant No.1 in R.A.No.36/2016 (Old RA No.57/2014) on the file of the Court of Senior Civil Judge and JMFC, Banahatti (hereinafter referred to as 'the First Appellate Court', for brevity), confirming the Judgment and Decree dtd. 30/8/2014 passed in O.S.No.59/2007 on the file of the Civil Judge (Jr.Dn.), Banahatti (hereinafter referred to as 'the trial Court', for brevity) decreeing the suit in part.

(2.) For the sake of convenience, the parties to this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) It is the case of the plaintiffs that, plaintiff No.1 is the wife of Shripal Chavaj and plaintiffs No.2 and 3 and defendant are the children of late Shripal Chavaj and the plaintiff No.1. It is the case of the plaintiffs that, the original propositus Shripal Chavaj died on 22/1/2007 leaving behind the plaintiffs and defendant as the legal representatives to succeed to the estate of deceased Shripal Chavaj. It is further stated in the plaint that the plaintiffs made a claim for division of the joint family property and the same was denied by the defendant and as such, plaintiffs filed O.S.No.59/2007 on the file of the trial Court seeking partition and separate possession in respect of the suit schedule property.