MANJUNATHA REDDY Vs. PUSHPA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the respective parties.

(2.) This appeal is filed challenging the judgment and decree dtd. 27/9/2019 passed in R.A.No.115/2018 on the file of the I Additional District Judge, Kolar.

(3.) The factual matrix of the case of the plaintiff before the Trial Court is that she is entitled for the relief of partition and separate possession in respect of the suit schedule properties contending that suit schedule properties are the joint family properties enjoyed by herself and the defendants jointly. In pursuance of suit summons, the defendants appeared and filed the written statement contending that the suit is bad for non-joinder of one Venkatamma W/o late Hanumantha Reddy. It is also contended that the family has dug three bore-wells by borrowing a sum of Rs.2.00 lakh from Krishna, Rs.3.00 lakh from G N Nagaraj and Rs.2,50,000.00 from Krishnappa and the same has to be repaid and also contended that their family has borrowed a sum of Rs.4.00 lakh from SBM, Yelduru branch by hypothecating suit item Nos.5 to 8 properties. The Trial Court after considering the material available on record answered Issue No.1 in the affiramative in coming to the conclusion that the plaintiff has proved that the suit schedule properties are the joint family properties, enjoyed by herself and defendants jointly. However, answered Issue No.2 in the affirmative in coming to the conclusion that the suit is bad for non-joinder of one Venkatamma W/o Hanumantha Reddy and dismissed the suit and other issues framed against the defendants were answered negatively.