SMT. DODDATHAYAMMA AND SMT. SIDDAMMA Vs. DODDEGOWDA

JUDGEMENT

(1.) THE appellants have filed this appeal being aggrieved by the dismissal of their suit for partition and separate possession of their 1/5th share in O.S. No. 1593/2006 passed on 16.10.2009 by the IV Additional Civil Judge (Sr. Dn.) and JMFC, Mysore. Heard the learned counsel appearing for the appellants. Though respondents are served, they are un -represented.

(2.) ACCORDING to the plaint averments, one Doddegowda had five sons by name, Chikkegowda, who was the husband of the first appellant and father of 2nd appellant, the 1st defendant Doddegowda, the 2nd defendant Siddaramegowda, the 3rd defendant Nagegowda and one Siddegowda. Defendants 4 to 6 are the widow and children of deceased Siddegowda. They contended that during the lifetime of the 'husband of the first appellant and the father of 2nd appellant, there was no partition and separate possession of the joint family property. The suit was instituted by them claiming 1/5th share in all the plaint schedule properties.

(3.) BASED on the above pleadings, the following issues were framed by the court below: