YALLAWWA Vs. SHETTAVVA

JUDGEMENT

(1.) This Regular Second Appeal is filed by defendants 3 to 6, challenging the Judgment and Decree dtd. 26/3/2014 passed in RA No.116 of 2013 on the file of the Principal Senior Civil Judge and CJM, Dharwad, confirming the Judgment and Decree dtd. 22/7/2013 in OS No.589 of 2009 on the file of the First Additional Civil Judge and JMFC, Dharwad decreeing the suit of the plaintiff.

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

(3.) It is the case of the plaintiff that father of the plaintiff-Bheemappa had four children viz. Dyamappa, Basappa (Defendant No.1), Shettavva (plaintiff) and Basavva (defendant No.2). Dyamappa died leaving behind his wife-Yellavva (defendant No.3), and children viz. Mudakappa (defendant No.4), Chandrappa (defendant No.5) and Kamalavva (defendant No.6). It is the case of the plaintiff that suit properties are the joint family properties of plaintiffs and defendants and no partition had taken place in the family of the plaintiffs and defendants and as such, the plaintiff made a claim with regard to her share in the suit schedule property and same was denied by the defendant No.1 based on Apsat Watni document and therefore, the plaintiff filed Original Suit No.589 of 2009 before the trial Court seeking partition and separate possession in respect of the suit schedule property.