MAHADEVAPPA Vs. IRAPPA

JUDGEMENT

(1.) Appellant/plaintiff feeling aggrieved by judgment and decree passed by the First Appellate Court on the file of VI Addl. District and Sessions Judge, Belagavi in R.A.No.88/2007, dtd. 10/12/2009, preferred this appeal.

(2.) Parties to appeal are referred with their ranks as assigned before 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 suit property house and open space was assigned with number as 1010 and thereafter, panchayath has illegally divided the said property as 1010 and 1010/A. The suit property is ancestral joint family property of plaintiff and defendants. The plaintiff and husband of defendant No.4 deceased Ashok are sons of defendant Nos.1 and 2. Defendant Nos.4 to 6 are wife and children of deceased Ashok. The 3rd defendant is unmarried sister of plaintiff and deceased Ashok. On the death of plaintiff's brother Ashok, defendant No.4 got entered her name in the records of suit property illegally in collusion with panchayath authorities. The plaintiff has got right of share and defendants have refused to effect partition. Therefore, plaintiff was constrained to institute suit for the relief claimed in suit.