KAMALA Vs. K.V. THAMMANNA

JUDGEMENT

(1.) These two appeals arise out of the judgment and decree passed by the Civil Judge (Sr. Dn.), Kunigal in O.S. No. 2/2001. Originally, the suit was instituted before the Civil Judge, Tumkur in O.S. No. 89/84 and after establishment of Civil Judge, (Sr. Dn.), Kunigal, case was transferred to the Civil Judge, (Sr. Dn.), Kunigal and renumbered it as 2/2001.

(2.) The appellant in R.F.A. No. 2419/2006 Smt. Kamala is the wife of the first plaintiff, who was not a party before the trial court. The plaintiff has filed an appeal R.F.A. No. 1250/2006 aggrieved by granting of decree in respect of suit item No. 38 and granting share to all the defendants and plaintiffs equally. He has also filed the appeal challenging non granting of mesne profits by the court below while granting share in respect of suit item Nos. 1 to 39.

(3.) Smt. Kamala, who is the appellant in R.F.A. No. 2419/2006 has filed this appeal challenging the judgment and decree granting share to the plaintiffs and all the defendants in suit item Nos. 36, 37 and 38 contending that they are her self acquired property and that she was not made as a party and without making her party, her property has been allotted to plaintiffs and defendants without any rights of whatsoever nature. Therefore, these two appeals are heard together.