VENKAPPA Vs. SUMITRA

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of CPC, by appellant-defendant challenging the judgment and decree passed in OS No.39/2009 on the file of the II Additional Senior Civil Judge, Gokak and confirmed by the I Additional District Judge, Belguam, in RA No.305/2010 dtd. 20/9/2012.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) Brief facts of the case are as under: The plaintiff is the daughter of Yallawwa i.e. second wife of late Bhimappa and defendant is the son of Balawwa who was the first wife of Bhimappa. That Bhimappa earlier married to Balawwa, i.e. the mother of the defendant and after her death, he contracted marriage with Yallawwa who is the mother of the plaintiff. It is also admitted that from his first wife, Bhimappa had a daughter by name Uddawwa who is no more and she died as bachelor. That plaintiff and defendant are stepsister and stepbrother being the daughter and son of Bhimappa. That the suit properties were owned by Bhimappa, and plaintiff and defendant have succeeded to the suit schedule properties. Hence, she filed suit for partition of her half share.