NAGAPPA Vs. MADEVI

JUDGEMENT

(1.) The present second appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908[Hereinafter referred to as the 'CPC'] by the defendant No.1 challenging the judgment and decree dtd. 5/12/2017 passed in R.A.No.76/2017 by the Senior Civil Judge and JMFC, Bhatkal[Hereinafter referred to as the 'First Appellate Court'] and the judgment and decree dtd. 15/3/2017 passed in O.S.No.6/2015 by the Additional Civil Judge, Bhatkal[Hereinafter referred to as the 'Trial Court'], whereunder the suit for partition has been dismissed by the Trial Court and the First Appellate Court allowed the appeal of the plaintiff, decreed the suit and it has been ordered that the plaintiff, defendants No.1 and 2 are entitled to 1/3rd share each in the suit 'A' schedule properties.

(2.) The parties herein are referred to as per their status before the Trial Court for the sake of convenience.

(3.) It is the case of the plaintiff that the plaintiff, defendants No.1 and 2 are the members of Hindu Undivided Family. That the suit lands were personal lease hold properties of late Jatta Naik and after his death his wife Smt.Subbi applied for grant of suit 'A' schedule properties before the Land Tribunal, Bhatkal as minor guardian of defendant No.1 who was the only male member of the family and thereafter the Land Tribunal granted suit 'A' schedule properties in favour of Smt.Subbi as minor guardian as per order bearing No.9464 dtd. 2/11/1982. That the mutation entries were made in terms of the order of the Land Tribunal. That the plaintiff and defendants are joint owners of the suit properties and the same has not been denied. That since demand for partition made by the plaintiff was refused, the suit for partition was filed.