ASHWATHAPPA Vs. NARASIMHA MURTHY

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellant and learned counsel for the respondents.

(2.) This appeal is filed challenging the judgment and decree dtd. 12/7/2017 passed in R.A.No.180/2015 on the file of the Ist Addl. Senior Civil Judge and JMFC, Chickballapur, partly allowing the appeal and partly setting aside the judgment and decree dtd. 3/8/2015 passed in O.S.No.206/2011 on the file of the Civil Judge and JMFC, Bagepalli

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that the plaintiff and defendants constituted Hindu Joint Family and the defendant No.1 is the kartha of the said family. The suit properties are the ancestral joint family properties of the plaintiff and defendants, who are the sons and daughter of one Avalappa, who died on 20/1/2002 leaving behind them and their mother Akkulamma and she also died on 28/1/2008. After the death of Avalappa, the defendant No.1 not managed the properties properly and he has neglected in the improvement of properties. Due to his negligence, the joint family has suffered from loss of income. Due to differences among the plaintiff and defendants, it has become difficult for the plaintiff to continue as the member of joint family. The plaintiff demanded for partition of his 1/5th share in the suit schedule properties and the defendant did not come forward to partition the properties. Hence, legal notice was issued and reply was given that on 24/4/1999, unregistered partition was effected between them and refused to give any share. Hence, the suit is filed.