D SUMA Vs. YASHODAMMA

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiffs of an original suit bearing O.S.No.65/2003 which was pending on the file of the Court of Senior Civil Judge at Doddaballapur. The appellants herein were the plaintiffs in the said suit and had filed a suit for partition and separate possession seeking 2/3rd share i.e., 1/3rd share each in suit schedule 'A' , 'C', 'D' and 'E' properties and 1/12th share of each in 'B' schedule properties. The said suit has been dismissed by a considered judgment passed on 12.09.2008. It is this judgment which is called in question on various grounds as set out in the appeal memo.

(2.) THE first appellant i.e., the first plaintiff has claimed herself to be the legally wedded wife of deceased Harish, who was the son of the first defendant and brother of defendants 3 and 4. Second defendant Shylaja is stated to be the second wife of deceased Harish and respondents 5 and 6 i.e, defendants 5 and 6 are stated to be the children born to second defendant Shylaja, as a result of her marriage with Harish. Second plaintiff is the daughter of the first plaintiff stated to be born out of the legal wedlock with deceased Harish. Parties will be referred to as plaintiffs 1 and 2 and defendants 1 to 6 as per their ranking in the Trial Court.

(3.) FIRST plaintiff's case is that deceased Harish, son of the first respondent married her on 11.05.1995 at Dharmasthala and that it was an inter -caste marriage. According to her, her parents and her family members were against the performance of the marriage on account of difference in caste. After her marriage, plaintiff No.1 and Harish started residing as husband and wife with the family members of Harish. As a result of her wedlock with Harish, second plaintiff was born on 25.03.1996 in Ganesh Nursing Home, RMV Extension, Bangalore. It is her case that the naming ceremony done on 16.02.1997 at Doddaballapur, the native place of deceased Harish.