B SUMITRA PAI Vs. SULOCHANA BAI

JUDGEMENT

(1.) THE appellants, being aggrieved by the dismissal of their suit for partition and separate possession, passed by the II Additional Civil Judge (Sr Dn), Mangalore, in OS No 296 of 2005 dated 19 -9 -2009, have filed the present appeal.

(2.) FOR the sake of convenience, the parties would be referred to as per their ranking in the trial court.

(3.) ACCORDING to plaint averments, the plaintiffs are the legal heirs of one Madhava Pai and defendants are the legal heirs of one Ganapathi Pai. Madhava Pai and Ganapathi Pai were direct brothers and children of one Srinivasa Pai. The suit schedule properties are situated in the heart of Mangalore city. There was a family partition drawn between Srinivasa Pai and his brothers, who were children of one Bolugudde Chandrappa Pai, on 13 -11 -1910. While partitioning all the joint family properties among Srinivasa Pai and his brothers, plaint 'A' schedule properties were set apart for performing poojas and distribution of prasada in respect of the family deity, situated within the said property known as Malasa Narayana, and in the said partition, Srinivasa Pai was entitled to perform such poojas to the family deity and distribution of prasada to all devotees and to maintain the temple.