GOWRAMMA Vs. MANASA

JUDGEMENT

(1.) This appeal under Sec. 96 of CPC is filed by the appellants-defendant Nos.1 to 5 challenging the judgment and decree dtd. 29/11/2018 passed by the IX Additional City Civil and Sessions Judge, Bengaluru (CCH-5) in O.S.No.2360/2010, whereby the suit filed by the plaintiffs has been partly decreed.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) Brief facts of the case of the plaintiffs is that the plaintiff No.1 married one Mahendra, who is the son of defendant No.1 and brother of defendant Nos.2 to 5. The marriage took place on 11/2/2007 at Bengaluru. Out of the said wedlock, a male child i.e. plaintiff No.2 was born on 29/11/2007. Thereafter, the husband of plaintiff No.1 died on 29/11/2008 leaving behind plaintiffs. Further case of the plaintiffs is that the suit schedule properties are joint family properties of plaintiffs and defendant No.1 to 5. Malappa is the propositus, who is the father-in-law of plaintiff No.1 and grand father of plaintiff No.2 and he died intestate on 5/6/2009. Defendant No.1 is the wife of Malappa, defendant No.2 is the son and defendant Nos.3 to 5 are the daughters of Malappa.