JAGADISH Vs. GIRIJA

JUDGEMENT

(1.) This appeal is preferred by the defendants, challenging the Judgment and Decree dtd. 22/7/2017 in R.A.No.3/2015 on the file of the II Additional District Judge, Haveri (sitting at Ranebennur) setting aside the Judgment and Decree dtd. 25/11/2014 in O.S.No.12/2013 on the file of the Senior Civil Judge & JMFC Court, Hirekerur, dismissing the suit of the plaintiff.

(2.) For the sake of convenience the parties to this revision petition are referred to as per their ranking before the trial Court.

(3.) The plaint averments are that, the original propositus Channabasappa died leaving behind defendant No.3, plaintiff and defendant Nos.1 and 2. It is the case of the plaintiffs that, she is the coparceners of the family of the late Channabasappa and as such, she is entitled for the share in the joint family of the plaintiff and defendants. It is further stated that, the plaintiff made a claim for partition in the suit schedule property which came to be denied by the defendants and as such, the plaintiff filed O.S.No.12/2013 on the file of the trial Court, seeking partition and separate possession.