B.S. BASAVARAJU Vs. MARIYAKKA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellants and the learned counsel for the caveator/respondent No.2 and in respect of other caveators is concerned, other caveators have not signed the vakalath.

(2.) This appeal is filed challenging the judgment and decree dtd. 26/7/2019, passed in R.A.No.175/2012, on the file of the VII Additional District Judge, Tumakuru.

(3.) The factual matrix of the case of the plaintiffs, who represent the branch of their mother Siddagangamma while claiming the relief of partition of 1/3rd share in respect of the suit schedule properties is that the said suit schedule properties originally belongs to their maternal grandfather Sri Channabasavaiah and on his death, the plaintiffs representing the branch of one of three daughters have succeeded to 1/3rd share. It is contended that Channabasavaiah acquired the suit schedule properties under a settlement deed dtd. 14/10/1936 and he had no sons and had three daughters, namely Siddagangamma, Gowramma and Nanjamma. The first daughter is the mother of the plaintiffs and the second daughter Gowramma is the mother of defendant Nos.1 to 3 and Nanjamma is the mother of defendant Nos.5 to 7 and hence all are entitled for 1/3rd share in the suit schedule properties. Item No.5 is the house property situated at Benachagere and item No.4 is the agricultural property situated at Nittur Amanikere.