NELAVVA Vs. HANUMAVVA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the plaintiff, challenging the Judgment and Decree dtd. 25/1/2011 passed in Regular Appeal No.17 of 2010 on the file of the Senior Civil Judge at Koppal, confirming the Judgment and Decree dtd. 10/2/2010 passed in Original Suit No.64 of 2008 on the file of the Civil Judge (Jr.Dn.) and JMFC at Koppal, decreeing the suit in part.

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

(3.) The factual matrix of the case are that the plaintiff has filed suit seeking relief of partition and separate possession in respect of the suit schedule property and contended that the suit schedule properties are the ancestral and joint family properties of herself and defendants 1 to 7. It is further averred that defendants 8 to 13 are purchasers of some of the suit schedule properties from defendants 1 to 7. The plaintiff contended that the sale deed executed by the defendants 1 to 7 in favour of defendants 8 to 13 is not binding on the plaintiff. Narrating about the relationship between the parties, plaintiff stated that one Neelappa Kunakeri is the original propositus of the family and he had two wives, viz. Neelavva (first wife) and Ningavva (second wife). Neelavva had two children viz. Ningappa and Bheemappa. Plaintiff is the daughter of Ningappa. Defendant No.1 is the wife of Bheemappa and defendant No.2 is the son of Bheemappa and defendant No.1. Defendants 3, 5 and 6 are the children of Ningavva (wife of original propositus-Neelappa Kunakeri). Defendant No.4 is the daughter of defendant No.3 and defendants 7 (a to d) are the wife and children of defendant No.6-Siddappa (son of Ningavva-second wife of Neelappa Kunakeri). It is the case of the plaintiff that there was no partition in the family of Neelappa Kunakeri and as such, she made a claim for allotment of her share and same was denied by defendants. Hence the plaintiff filed Original Suit No.64 of 2008 on the file of trial Court seeking partition and separate possession in respect of the suit schedule property.