LAWS(KAR)-2013-11-205

B.R. SHANTHAKUMARI Vs. SMT SAVITHRAMMA AND OTHERS

Decided On November 11, 2013
B.R. Shanthakumari Appellant
V/S
Smt Savithramma And Others Respondents

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and decree passed by the I Addl. City Civil Judge, Bangalore in O.S. No 3628 of 1988 and O.S. No 2750 of 1989 dated 4 -2 -2006. RFA No 146 of 2007 is filed by the plaintiff in O.S. No 2750 of 1989, being not satisfied of the share allotted to her by the court below. RFA No 1206 of 2006 is filed by the plaintiffs in O.S. No 3628 of 1988, aggrieved by the share allotted by the court below in favour of the appellants in RFA No. 146 of 2007.

(2.) BOTH appeals fall in a narrow compass. The dispute is in regard to the allotment of shares in favour of reversionary heirs of a Hindu family. Learned counsel for both parties submit that since the dispute is only in regard to allotment of shares of the parties, this court can dispose of the same without referring to the evidence and documents relied upon by the parties.

(3.) CHINDAGIRIYAPPA had two wives by name Kenchamma and Narasamma. Kamaiah had two children by name M.C. Narayanappa and Thayamma. Thayamma died in the year 1945. Narayanappa died during 1973 i.e. two years prior to the death of his father Chindagiriyappa, leaving behind him his legal heirs, who are parties to the suit. Narayanappa's second wife Rangamma had a daughter by name Puttakenchamma and a son by name Thimmaraju. Thimmaraju died on 27 -12 -1983 leaving behind him his widow Savithramma, who is first appellant in RFA No 1206 of 2006. Similarly, Dr Shanthakumari is representing the branch of Puttakenchamma, daughter of Chindagiriyappa and second wife of Narayanappa.