NAGARAJA Vs. SUNITHA

JUDGEMENT

(1.) THE legality and correctness of the judgment and decree passed by the Fast Track Court -IV, Bangalore Rural District in OS No 63 of 2010 dated 15 -2 -2012 is challenged by the appellants in this appeal. The appellants were the defendants 4 and 5 and the respondents 1 and 2 were the plaintiffs in the suit. Respondents 3 to 5 were the defendants 1 to 3.

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

(3.) THE suit was filed by the plaintiffs claiming partition and separate possession of their 1/5th share in the suit schedule properties. According to plaint averments, one Gowramma and Mallaiah had six children four daughters and two sons. The eldest daughter Byamma had a son by name Krishna Reddy and plaintiffs 1 and 2 are his daughters. Byamma and Krishna Reddy are no more. First defendant Sunkamma is the only daughter of eldest son of Gowramma and Mallaiah by name Subbareddy. Their third daughter Papamma died intestate. The third daughter Puttamma is also no more. She died leaving behind her the fourth defendant as her legal heir. The second son of Gowramma and Mallaiah by name Narayana Reddy is also no more and he has two sons by names Ramesh and Manjunath, who are defendants 2 and 3. The last daughter of Gowramma and Mallaiah is one Sakamma, who is fifth defendant in the suit.