P. RAMAPRASAD Vs. THYAGARAJ R.

JUDGEMENT

(1.) Heard the petitioner's counsel and also the counsel appearing for the respondents.

(2.) The factual matrix of the case of respondent No.1 before the Trial Court while filing the suit in O.S.No.231/2019 contend that, one Nanjareddy had three sons, Ramareddy, Lingareddy and Munireddy of Agaram Village, Begur Hobli, Bangalore. The said family possessed vast properties in and around Agara Village and in Bangalore City. There was a family partition amongst the members of the Nanjareddy Family by virtue of O.S.No.1/1915-16 on the file of the Court of District Judge at Bangalore dtd. 8/10/1923, which got culminated in Final Decree proceedings vide FDP dtd. 14/5/1928.

(3.) In terms of the said proceedings shares of the respective parties therein were determined and definite shares were allotted to the parties therein as per the schedule appended. The plaintiff herein falls in the branch of Munireddy who had three sons and plaintiff is the grandson of Nanjunda S/o Munireddy. Late Munireddy got a definite share as per the judgment and decree and FDP proceedings and the said Munireddy died during the pendency of the suit leaving behind his three sons without getting an inch in suit schedule property towards his share of 1/3rd which was declared by the Court towards his legitimate share, which declaration remained un- assailed in the preliminary decree which too came to be culminated in the Final Decree Proceedings and there was a cordial relationship with the parties and possession was continued with Ramareddy and its members and bonafidely believed them and there was no room for suspicion and their behavior also never raised any doubts in the minds of the plaintiffs' family. But now they have declined to give a share. Hence, filed a suit for the relief of partition of 1/3rd legitimate share.