HEMALATHA Vs. LOLAKSHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dtd. 29/11/2021 passed in O.S.No.72/2019 by the Additional Senior Civil Judge & JMFC, Hassan (hereinafter referred to as the 'Trial Court' for short) whereby the said suit filed by respondent No.1-plaintiff against the appellants-defendants No.3 and 5 and respondents No.2 to 5 - defendants No.1, 2, 4 and 6 for partition and separate possession of the plaintiff's alleged share in the suit schedule immovable properties was decreed in part, thereby declaring that the plaintiff and defendants No.1 to 6 were entitled to 1/7th share in item Nos.2 and 3 of the suit schedule properties. By the impugned judgment and decree, the Trial Court dismissed the suit of the plaintiff in respect of item No.1 of the plaint schedule properties.

(2.) Heard the learned Counsel for the appellants-defendant Nos.3 and 5 and learned Counsel for the respondent No.1-plaintiff and respondents No.2 to 5 - defendant Nos.1, 2, 4, and 6.

(3.) The material on record discloses that respondent No.1- plaintiff is the daughter of respondent No.2-defendant No.1, Sri Dyavegowda, while the appellants-defendant Nos.3 and 5 and respondents No.3 to 5 - defendant Nos.2, 4 and 6 are the remaining daughters of respondent No.2-defendant No.1.