KALAMMA AND OTHERS Vs. K.B. DHANALAKSHMI

JUDGEMENT

(1.) THIS appeal by the defendants is directed against the judgment and decree in R.A. No. 5/2008 dated 12.11.2009 on the file of the Civil Judge (Sr.Dn.) and Addl. CJM, Holenarasipura whereby the judgment and decree in O.S. No. 145/2006 on the file of the Civil Judge (Jr.Dn.) and JMFC, Holenarasipura has been confirmed. The plaintiff filed the suit for partition and separate possession of 1/4th share in the suit schedule properties. It is her case that she was married to Venkatesha on 14.4.2005. Venkatesha died on 1.9.2005. After his demise, the defendants neglected to maintain her. They refused to give her a share in the family properties.

(2.) THE first defendant filed her written statement, which is adopted by defendant Nos. 2 to 5. In the written statement, defendants have admitted that the suit schedule properties are their ancestral and joint family properties. They have also admitted their relationship with the plaintiff. It is contended that the plaintiff is not entitled for 1/4th share in the suit schedule property. The share of late Venkatesha is 1/6th and 1/6th share of Rangegowda has to be divided amongst six members. As such, Venkatesha has got 1/6 + 1/36 = 7/36. In view of notional partition between mother Smt. Kalamma and Venkatesha, the share of Kalamma comes to 7/72 (7/36 x 1/2 = 7/72) and that of Venkatesha is 7/72. In this 7/72, the share of the plaintiff is 1/2. Hence, the plaintiff is entitled for 7/144th share (7/72 x 1/2 = 7/144). They have prayed for dismissal of the suit.

(3.) THE plaintiff got herself examined as P.W1. The first defendant was examined as D.W1. In her evidence, D.W1 has stated that the plaintiff was remarried to Manju @ Manjegowda during the pendency of the suit. The trial Court has decreed the suit holding that plaintiff is entitled to 50% of 7/36th share in the suit schedule properties.