SUJATA Vs. BASAPPA

JUDGEMENT

(1.) THE present appeal is filed against the judgment and decree passed by the learned II Addl. Senior Civil Judge, Hubli, in O.S.No.283/2002 on 09.09.2008. Appellants were plaintiffs in the said suit. Respondents herein were the defendants in the said suit. Parties will be referred to as the plaintiffs and defendants as per their ranking given in the trial Court.

(2.) ONE person by name Ramappa had a wife by name Gadigewwa. The said Gadigewwa is the third defendant in the said suit. She has a daughter by name Shantawwa who is defendant No.6 and she is married. Ramappa died on 20.12.1964. A day prior to his death i.e., on 19.12.1964 he had executed a Will bequeathing certain properties in favour of his first wife -Gadigewwa and remaining properties in favour of Basappa, only son born to second wife Ningawwa. The said Ningawwa is defendant No.4 in the said suit. Ramappa had married Ningawwa during the lifetime of Gadigewwa, but after coming into force of the Hindu Marriage Act, 1955. Shoba, the defendant No.5 is born to Ramappa through his second wife -Ningawwa.

(3.) BASAPPA 's wife's name is Kamalawwa. The said Kamalawwa, has two daughters by name Sujatha and Kavitha, who are plaintiffs in O.S.No.283/2002. Both of them had filed a suit claiming half share i.e., 1/4th share each in the schedule properties. Alternative relief of partition is sought to an extent of 1/4th share each in the 7/12th share of defendant No.1 Basappa.