SUNANDA Vs. V SRINIVASA

JUDGEMENT

(1.) Being aggrieved by the judgment and decree passed by the VII Additional Civil Judge, Bangalore, (CCH 19) in OS No.1743/1997, on 20/2/2006, the plaintiff is before this Court in appeal questioning the share allotted to her.

(2.) The brief facts that are necessary for the purpose of this appeal are that: The plaintiff happens to be the daughter of Venkatanarasappa and Padmavathamma. Apart from Padmavathamma, Venkatanarasappa had two other wives by name Susheelamma and Shamalamma. Venkatanarasappa died intestate on 10/4/1974 leaving behind him Nagarathnamma, daughter from first wifeSusheelamma; plaintiff and defendants No.1 and 2 from the second wife i.e. defendant No.3 Padmavathamma; and one Manjunatha from his third wife-Shamalamma. After the death of Venkatanarasappa, the children of three wives of Venkatanarasappa entered into a registered partition and divided the property which was standing in the name of Venkatanarasappa. The property standing in the name of Venkatanarasappa was purchased by him under a sale deed dtd. 3/8/1955. After the death of Venkatanarasappa, the three wives of Venkatanarasappa and their children entered into a partition on 19/3/1980 and daughter of Susheelamma was given her share in the form of cash and the suit schedule property was divided into half and the branch of Padmavathamma and Shamalamma were given each of the said portion.

(3.) The plaintiff is seeking partition in respect of the property which had fallen to the share of Padmavathamma, the mother of the plaintiff and defendants No. 1 and 2. Defendant No.3 Padmavathamma died on 11/6/2015 and therefore, the lis remains between the plaintiff and defendants No. 1 and 2.