HANAMAWWA Vs. HANMANTH

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved by judgment and decree on the file of VI Additional District Judge, Belgaum, in R.A.No.108/2010 dtd. 9/9/2010, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of plaintiff can be stated in nutshell to the effect that the propositus of the family Sri.Gangappa S/o Hanamanth Waddar, was having three wives viz Yallawwa, Bhimawwa and Gourawwa. The first wife-Yallawwa died living behind her son Tammanna and he died living behind his wife Hanamawwa. The second wife-Bhimawwa died living behind Hanumanth-defendant No.1 and Chawadawwa. Third wife Gourawwa died living behind Mukkar, Babu, Tammanna, Shivaram, Malpuri and Gangawwa. Deceased Sri.Gangappa S/o Hanamanth Waddar, is propositus of the family owning suit schedule A and B properties. On his death his three wives succeeded to the schedule A and B properties and each of them got 1/3rd share in the suit schedule properties. There was no partition between all three wives of deceased Sri.Gangappa S/o Hanamanth Waddar, at any point of time. The defendants tried to alienate the suit property and refused to give the legitimate share of plaintiff. Therefore, plaintiff was constrained to file the suit on hand for the relief claimed in the suit.