TANAJI Vs. BHARATI

JUDGEMENT

(1.) This appeal is filed by the defendants against the judgment and decree dtd. 9/10/2015 passed by the learned Senior Civil Judge and JMFC, Raibag, in O.S.No.91/2013, whereby the learned Senior Civil Judge has decreed the suit filed by the plaintiffs by awarding them 1/3rd share each in the 1/6th share of first defendant in the suit schedule properties.

(2.) For the sake of convenience, the parties herein are referred with the original ranking occupied by them before the trial Court.

(3.) The plaintiffs have filed a suit for partition and separate possession of their 1/18th share in the suit schedule properties. Plaintiff No.1 claims to be the wife and plaintiff No.2 claims to be the daughter of defendant No.1. The propositus of the family is said to be one Nayaku and he left defendant Nos.1 to 6 as his legal heirs. The plaintiffs are the wife and daughter of defendant No.1. It is alleged that defendant No.1 has neglected and trying to alienate suit property as he contracted second marriage illegally and hence they filed a suit for partition and separate possession seeking their 1/3rd share in the 1/6th share of defendant No.1.