M. SHIVARAJ Vs. RAJESHWARI

JUDGEMENT

(1.) RSA.No.5930/2011 is preferred by defendant No.4 assailing the judgment and decree dtd. 03/09/2011, in R.A.No.108/2010 on the file of the Prl. District Judge at Bellary, confirming the judgment and decree dtd. 15/09/2010 in O.S.No.409/2006 on the file of the II Addl. Civil Judge (Sr.Dn.), Bellary.

(2.) The parties herein are referred to as per their ranking before the trial Court for the sake of convenience.

(3.) The plaintiff filed the suit for partition and separate possession seeking 1/4th share in the suit schedule properties contending that the plaintiff, defendant Nos.1 to 3 and 5 to 7 are the sons and daughters of the original propositus G.Hanumanthappa and that the suit schedule properties are the joint family properties of the plaintiff and defendant Nos.1 to 3. Further, that defendant Nos.1 to 3, without any partition have got their names entered in the revenue records of the suit schedule property and that the defendants in spite of several request, have refused to effect partition in the suit schedule properties and hence, the present suit for partition.