PADMAVATHI Vs. GURUNATH

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff, challenging the judgment and decree dtd. 15/6/2021 in R.A.No.49/2018 on the file of the Prl. District and Sessions Judge, Dharwad, confirming the judgment and decree dtd. 23/2/2018 in O.S.No.34/2011 on the file of the Senior Civil Judge and JMFC, Navalgund, decreeing the suit in part.

(2.) For the sake of convenience, the parties to this appeal are referred to with their rank before the trial Court.

(3.) Factual matrix of the case are that the grand father of the plaintiff-Ramachandra Bisto Kulkarni is original propositus and he died on 15/11/1952 leaving behind his son Vishwanth Ramachandra Kulkarni. The plaintiff and the defendant Nos. 1 and 2 are the children of Vishwanth Ramachandra Kulkarni (defendant No.3) and Smt.Renukabai. Smt.Renukabai is daughter of one Sri.Balakrishna Tammaji Kulkarni. It is also stated that Sri.Balakrishna Tammaji Kulkarni's sister was given in marriage to original propositus. It is the case of the plaintiff that suit schedule 'A'-item No. 1 and 2 properties were purchased by Ramachandra Bisto Kulkarni (grand father of the plaintiff) and the suit schedule property is the joint family property of the plaintiff and the defendants. It is further stated that said Ramachandra Bisto Kulkarni sold item No.1 and 2 of suit schedule property in favour of his wife's brother- Sri.Balakrishna Tammaji Kulkarni as per sale deed in the year 1938 and 1940 and said sale deed is not binding on the plaintiff. It is further stated that the defendant Nos. 1 and 2 in collusion with revenue officer, entered their name in respect of item No.1 and 2 of suit schedule property and there is no partition by meets and bounds and accordingly, the plaintiff is entitled for her legitimate share in the suit schedule property. Hence, suit for partition on was filed.