ASHWINI SHETTY Vs. MANOHAR SHETTY

JUDGEMENT

(1.) The writ petition and appeal are filed against the order passed by the Trial Court on memo and also on the application filed under Order XXXIX Rules 1 and 2 of CPC.

(2.) The factual matrix of the case of the plaintiff before the Trial Court in O.S.No.8584/2012 is that the plaintiff is one of the daughter of defendant Nos.1 and 2 and defendant No.3 is her sister and all of them have constituted a Hindu undivided family (HUF) and said Hindu Joint Family was in possession of several properties being in the nature of sites in the city of Bengaluru and coffee estates located at several places in and around Chikmagaluru. The said HUF is hereinafter referred to as 'Manohar Shetty HUF'.

(3.) It is further contended that the plaintiff along with defendant Nos.2 and 3 also constituted a HUF for which defendant No.2 declared herself to be 'kartha' and the said HUF herein after referred to as 'Harini Shetty HUF' and said HUF was also in possession of several properties such as coffee estates in Chikkamagaluru. Income arising out of the properties of 'Harini Shetty HUF' is shared and utilized by the members of HUF being the plaintiff, defendant Nos.2 and 3 and respective documents are also produced before the Court. It is contended that the plaintiff along with the defendants are in joint possession of the properties, which belong to both 'Manohar Shetty HUF' and 'Harini Shetty HUF' and the proceeds arising from these two properties are being deposited along with the nucleus of the respective HUF and the same is being utilized by the members of the respective HUF. It is also contended that the grandfather of the plaintiff i.e., late C. Narayana Shetty was married to Smt.Akkayya Shedthi in the year 1952 and the grandfather had two sons namely, Sitaram Shetty and Manohar Shetty who is defendant No.1 in the suit and three daughters namely Sumitra Shetty, Hemalatha Shetty and Sakunthala Shetty. It is contended that all the sons and daughters of Narayana Shetty constituted the Joint Hindu Family. The grandfather of the plaintiff i.e., Narayana Shetty along with his brothers i.e., Nagayya Shetty and Sanjeeva Shetty by utilizing the funds of their joint family along with another, who is their relative i.e., Raghu Shetty formed a partnership firm in the year 1981 under the name and style "Sri Shankaranarayana Construction Company" for the purpose of conducting business in the areas of construction work, manufacturing and sale of tiles and acquiring and developing of coffee estates.