MADAMMA Vs. SHIVANNA T. M.

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellants and the learned counsel appearing for respondent Nos.2, 3, 5 and 6.

(2.) This appeal is filed challenging the judgment and decree dtd. 13/2/2019 passed in R.A.No.100/2016 on the file of the Senior Civil Judge and CJM, Chamarajanagar.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court is that the suit schedule properties are the ancestral and joint family properties. It is contended that one Basavegowda had three sons namely, Channabasavegowda who is the father of plaintiff No.2 and husband of plaintiff No.1, Kullappa Gowda @ Marigowda and Muniveregowda and there was no partition hence, they are entitled for the share in respect of the share of Channabasavegowda. The defendants appeared and filed the written statement contending that the suit is bad for non-joinder of necessary parties and it is further contended that suit item No.5 is the self acquired property of Kullappa Gowda @ Marigowda and the defendants have also took the specific defence that there was already a partition among the members of joint family and consequent upon the partition, each members of the joint family have sold their respective property and when there was already a partition, the question of granting a share does not arise.