THIRAKAVVA Vs. RATNAVVA

JUDGEMENT

(1.) The respondents/plaintiffs in this appeal had to wait for 16 years for the final hearing and a verdict. The preliminary decree for partition in favour of the plaintiffs in O.S.No.12/1995 on the file of the Senior Civil Judge, Ranebennur, is contested by the defendants. 28 years have elapsed since the claim for partition is made by the daughter and the wife of Suresh Kalledevar.

(2.) From the factual and legal perspective, the case did not pose much difficulties. The questions of law, raised in the appeal are already well settled. However, the time taken for this case to be listed for a final hearing is indeed a matter of concern for all the stakeholders in the system. Sixteen years is an unreasonably long period to decide the appeal. Something needs to be done on priority. The problem on hand is not without a solution. This court felt it necessary to discuss the situation in this judgment, after deciding the case on its merits. <IMG>JUDGEMENT_460_LAWS(KAR)4_2023_1.jpg</IMG>

(3.) Kannappa, the propositus, had two wives. Shantavva is the first wife. Thirakavva is the second wife. The second marriage to Thirakavva is void as the first marriage was subsisting. Ratnavva and Laxmavva are the daughters of first marriage. Roopa is the daughter of second marriage.