KASHAVVA Vs. DEVAKI ALLEGED

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of CPC, by defendant challenging the judgment and decree passed by the Fast Track court and Adhoc District Judge, Hukkeri, in RA No.364/2011 dtd. 7/3/2012 and sought for allowing the appeal by setting aside the impugned judgment of the First Appellate Court by restoring the judgment and decree passed by the trial Court.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Trial Court.

(3.) Brief facts of the case are as under: This is a suit filed by the plaintiff seeking relief of declaration that she is the legally wedded wife of Lagamanna Appanna Hammannavar and sought injunction against the defendant from causing obstruction and interference in the peaceful possession and enjoyment of the suit schedule ABC properties. Plaintiff asserted that she is the legally wedded wife of Lagamanna and their marriage was solmanised as per the customs and traditions of their caste in Ingali village. It is also alleged that after the marriage, she joined Lagamanna for leading marital life and the society has recognized them as husband and wife and the name of the plaintiff is appearing in voters list, ration card, voters ID card as wife of Lagamanna and after the death of Lagamanna, she inherited the properties. She asserted that Lagamanna has never married with the defendant and they never resided as husband and wife. She also asserts that the Society has not recognised Lagamanna and defendant as husband and wife and after the death of Lagamanna, only with an intention to grab his properties, she is asserting that she is the wife of Lagamanna. She has also contended that after the death of Lagamanna, defendant has given an application before the Tahsildar for heirship certificate which was objected by the plaintiff and hence, direction was issued by Tahsildar to approach the Civil Court. She has also asserted that defendant has got entered her name in Rs. no.98/2B without any right, title or interest. She further asserted that during the life time, Lagamanna has transferred sum of his properties in her name and she is absolute owner of these properties and after passing order by Tahsildar, the defendant is obstructing the plaintiff's possession over the suit schedule property. Hence, the suit.