BANGARAMMA WIFE OF CHANNAVEERAPPA GOWDA Vs. GURUBASAPPA GOWDA

JUDGEMENT

(1.) PRESENT appeal filed u/S 96 of CPC has arisen out of a judgment and decree passed in O.S. No. 12/07 which was pending on the file of Court of Civil Judge (Sr. Dn.) at Sorab.. Appellants are the plaintiffs in the said suit. Respondents are the defendants in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court. Suit filed for the relief of partition and separate possession in respect of the properties specifically described in the schedule appended to the plaint has been dismissed by a considered judgment and decree passed on 07.09.2009 in O.S. No. 12/07. As against the said judgment and decree this appeal is filed u/S 96 of CPC challenging the same on various grounds as set out in the appeal memo.

(2.) THE facts leading to the filing of the suit by Smt. Bangaramma, the deceased plaintiff are as under: One person by name Kolluraiah Gowda was the propositus. He had 3 sons, (1) Channabasappa Gowda, (2) Erappa Gowda and (3) Malleshappa Gowda. The propositus and his 3 sons are no more. Channabasappa Gowda, though married died issueless and his wife is also no more. The second son Erappa Gowda died in the year 1961. Third son Malleshappa Gowda died long back leaving behind him one son Kollurappa Gowda. Erappa Gowda, the second son of Kolluraiah had two sons, namely, Veerabhadrappa Gowda and Bhojarajappa Gowda. Veerabhadrappa Gowda died in the year 1941 leaving behind him his only son Gurubasappa Gowda. Bhojarajappa Gowda, the second son of Erappa Gowda also died in 1941 leaving behind him his wife Dharmamma and two daughters, Bangaramma, the deceased plaintiff and Channamma, the third defendant. Gurubasappa Gowda, the son of Veerabhadrappa Gowda is the first defendant. Defendant no.2 namely Smt. Mahadevamma is the wife of the first defendant. Gurubasamma, defendant no.4, and Eramma, defendant no. 5 are the daughters of Veerabhadrappa, i.e., sister of first defendant, Gurubasappa Gowda. Erappa Gowda, the second son of propositus Kolluraiah Gowda died in the year 1961.

(3.) ACCORDING to the plaintiff, all the properties described in the schedule appended to the plaint inclusive of immovable in B schedule are the ancestral properties of her father Bhojarajappa Gowda and her uncle Veerabhadrappa Gowda. According to her, Malleshappa Gowda, the third son of propositus, Kolluraiah Gowda had taken away his share during the lifetime of Kolluraiah and therefore all the properties had been held by Erappa Gowda till his death as ancestral properties. According to the plaintiff, when her father Bhojarajappa died, Erappa Gowda, that is her grandfather and Veerappa Gowda, were living jointly. According to the plaintiff, Erappa Gowda, i.e., her grandfather was managing all the schedule properties as kartha of the joint family till he died in the year 1961. According to the deceased plaintiff Bangaramma, her marriage and the marriage of her sister, the third defendant, were performed by her grandfather during his lifetime and that he was looking after her and her sister very well and was inviting them for important functions in the family and used to give gifts on occasions.