SRINIVASA REDDY Vs. ASWATHAMMA

JUDGEMENT

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

(2.) This appeal is filed challenging the judgment and decree dtd. 8/8/2022 passed in R.A.No.62/2014 on the file of the Senior Civil Judge and JMFC at Chintamani.

(3.) The factual matrix of the case of the plaintiff before the Trial Court she is the daughter of the Chikkathirupillappa and defendant No.1 who is the mother of the plaintiff. Husband of defendant No.5, late Venkatareddy died leaving behind defendant Nos.5 to 8 as his legal heirs. It is the claim of the plaintiff that the suit schedule properties are the ancestral and joint family properties of plaintiff and defendants and she is the member of Hindu joint family and she is entitled for 1/5th share in the suit schedule properties and the defendants have appeared and admitted the relationship between the parties and they have admitted that suit schedule properties are cultivated by the plaintiff and defendants jointly, no partition has taken place in terms of the written statement filed by defendant No.3. Defendant Nos.4 and 7 in the written statement contended that the suit schedule properties are not ancestral and joint family properties as contended by the plaintiff and defendant Nos.1 to 3 and further contended that defendant Nos.1 to 3 are acting detrimental to the interest of plaintiff and contend that the plaintiff is not having any share in the suit schedule properties.