LAWS(KAR)-2023-7-874

GANGAWWA Vs. DYAMAWWA

Decided On July 11, 2023
GANGAWWA Appellant
V/S
Dyamawwa Respondents

JUDGEMENT

(1.) Appellant/defendant feeling aggrieved by judgment and decree passed by the First Appellate Court on the file of Prl. District and Sessions Judge, Dharwad in R.A.No.14/2007, dtd. 18/6/2009, preferred this appeal.

(2.) Parties to appeal are referred with their ranks as assigned before Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that plaintiff No.1 is legally wedded wife of Basavaraj W/o Madivalppa Kurshannavar of Lokur Village and out of the wedlock plaintiff Nos.2 to 4 are born to them. The husband of first plaintiff died on 23/1/1998 leaving behind him the plaintiffs as only legal heirs. The suit property bearing block No.14, measuring 3 acres 9 guntas out of 12 acres 36 guntas has fallen to the share of deceased Basavaraj in the partition with his brothers. On the death of Basavaraj, plaintiffs have succeeded to suit property. On the basis of order passed by Assistant Commissioner, in RTS No.128/2001, dtd. 27/7/2001, the defendant started asserting her right over suit property and caused obstruction to the enjoyment of suit property by plaintiffs. Therefore, plaintiffs were constrained to institute suit on hand for the relief claimed in suit.