G.B. SIDDESH Vs. GOWRAMMA

JUDGEMENT

(1.) THIS is a defendant's regular first appeal challenging the judgment and decree passed by the Trial Court decreeing the suit of the plaintiffs for partition and separate possession granting 1/5th share to each of the parties to the suit.

(2.) THE first plaintiff, Smt. Gowramma is the wife of Sri. A.G. Basavarajappa. Plaintiffs 2, 3, 4 and defendants are their children. The parties are Hindus governed by Mitakshara School of Law. The case of the plaintiffs is that all the schedule properties are the self -acquired properties of Sri. A.G. Basavarajappa. He died on 04.03.2010 intestate leaving them as his legal heirs. The plaintiffs wanted partition and separate possession of their 1/5th share in the plaint schedule properties. When the defendant declined to accede to the said request, the plaintiffs filed a suit.

(3.) THE first plaintiff was examined as PW -1 and 15 documents were produced which are marked as Exs. P1 to P15. On behalf of the defendant, he examined himself ask DW -1 and got marked two documents as Exs. D1 and D2.