DYAVANNA Vs. PUTTAMADAMMA

JUDGEMENT

(1.) This Regular Second Appeal is filed by defendant No.2 in O.S. No.98/2009 challenging the judgment and decree dtd. 11/4/2011 passed by Prl. Civil Judge (Jr.Dn.) Srirangapatna (henceforth referred to as 'Trial Court') partitioning the suit properties which was confirmed by Prl. Senior Civil Judge and JMFC, Srirangapatna (henceforth referred to as 'First Appellate Court') in R.A. No.31/2011 in terms of the judgment and decree dtd. 13/1/2016. Both the Courts held that the plaintiffs were entitled to 11/180th share in the suit schedule properties.

(2.) The parties shall henceforth be referred as they were arrayed before the Trial Court.

(3.) It was claimed by the plaintiffs that Giddayyana Dyavaiah was the propositus of a joint family comprised of Dyavarasaiah, the husband of plaintiff No.1 and father of plaintiff No.2 as well as defendants No.2 to 9. The plaintiffs claim that the suit schedule properties were the ancestral and joint family properties. They contended that Dyavarasaiah died on 27/6/1996 leaving behind the plaintiffs and defendant No.1 as his Class-I heirs. The request of the plaintiffs to partition joint family estate was turned down by the defendants which compelled them to file a suit for partition and separate possession of their undivided share.