SHIVAPPA BHIMA BELAGALI Vs. RAMACHANDRA KALLAPPA BELAGALI

JUDGEMENT

(1.) This appeal is arising from the judgment and decree dtd. 18/4/2013 passed in O.S.No.45/2010 on the file of the Senior Civil Judge, Raibag (hereinafter referred to as 'the trial Court', for brevity).

(2.) The suit was for partition, wherein the plaintiffs claimed declaration of ownership to the extent of 1/9th share in the suit schedule properties, and sought for permanent injunction against the defendants. Later the plaint was amended and the plaintiffs have sought for partition of their share in the suit schedule properties, as prayed in paragraph No.7(a) of the plaint.

(3.) The case was contested by the defendants. The genealogy was admitted. The defendants admitted the fact that the suit schedule properties were ancestral properties and the previous oral partition in respect of certain properties pleaded by the plaintiffs are also admitted. However, the defendants have taken a stand that the plaintiffs have no share in the said properties and it is their stand that the suit properties are allotted to them in the previous partition. Thereafter, after the amendment of the plaint, defendants have also filed additional written statement and in the additional written statement, they have taken a stand that the suit is not maintainable without including all the joint family properties.