KASHAMMA Vs. MALLIKARJUN

JUDGEMENT

(1.) The above first appeal is filed under Sec. 96 of the Code of Civil Procedure (hereinafter referred to as "the CPC") by the Plaintiffs challenging the judgment and decree dtd. 28/11/2014 passed in O.S.No.21/2012 by the Senior Civil Judge & JMFC, Bhalki.

(2.) The parties are referred to as per the rank before the Trial Court for the sake of convenience.

(3.) It is the case of the Plaintiffs that Plaintiff Nos.2 to 4 are the sisters and Defendant Nos.1 to 3 are the brothers, they being the children of late Shankreppa Malshette. The Plaintiff No.1 is the daughter of one Smt.Kashamma who was the sister of Plaintiff Nos.2 to 4 and Defendant Nos.1 to 3. That the deceased Shankreppa Malshette was the owner of the suit schedule properties in which schedule-A to the plaint are the agricultural properties and schedule-B is a house property. That after the death of their father, the Defendant Nos.1 to 3 without giving any share to the Plaintiffs got the revenue records of the plaint schedule properties transferred in their favour, and they have also alienated certain portions of the plaint schedule properties. The Defendant No.5 is the subsequent purchaser of some of the plaint schedule properties. It is further case of the Plaintiffs that the suit properties are the ancestral joint family properties of the Plaintiffs and Defendant Nos.1 to 3 and since it has not been partitioned, they filed the suit seeking for 1/7th share each in the plaint schedule A and B properties.