K.M. MANJUNATH Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 4/8/2021, passed in R.A.No.65/2020, on the file of the I Additional District Judge, Kolar.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the property belongs to one Munishami, who is the father of the plaintiffs and defendant Nos.1 and 2 and no share was given to the plaintiffs and hence without any other option, they filed a suit for partition and separate possession in respect of the suit schedule property. The defendants appeared and filed the written statement sating that they have partitioned the property after the death of the father and already there was a partition and the plaintiffs cannot maintain any suit for the relief of partition. The Trial Court having considered the pleadings of the plaintiffs and the defendants, framed the issue with regard to whether the plaintiffs are entitled for a share in the suit schedule property and also raised the issue with regard to the claim of the defendants whether there was already a partition and whether the same is binding on the plaintiffs. The Trial Court after considering both oral and documentary evidence placed on record answered issue Nos.1 and 2 in the affirmative in coming to the conclusion that the plaintiffs are entitled for a share in the suit schedule property. However, answered issue Nos.3 to 6 in the negative and granted 1/3rd share in favour of the plaintiffs and 1/9th share in favour of the defendants and hence the same was questioned by the plaintiffs before the First Appellate Court.