LAWS(KAR)-2023-8-733

NIRAMAL Vs. KANNAWWA

Decided On August 28, 2023
Niramal Appellant
V/S
Kannawwa Respondents

JUDGEMENT

(1.) This appeal is filed by defendant No.1 in O.S.No.19/2010 on the file of the Senior Civil Judge, Raibag, assailing the judgment and decree dtd. 26/2/2014.

(2.) The suit was one for partition and separate possession. The suit is decreed as prayed for awarding 1/3rd share each to plaintiffs No.1 and 2 as well as defendant No.1. The genealogy of the parties is as under: Ittappa Kannawwa (Plff.no.1) Siddawwa Pundalik(Dead) (Plff.No.2) Nirmala (Deff.)

(3.) One Ittappa was the propositus. Plaintiff No.1 Kanakavva is the wife of Ittappa. Siddawwa and Pundalik are the daughter and son of Ittappa and Kannawwa. Ittappa died prior to 1994. Pundalik died in the year 2009 and he is survived by his wife Nirmala (defendant No.1) and Kannawwa, his mother the plaintiff No.1. Admittedly, Pundalik was serving as an employer in the South Western Railway prior to his death.