YALLAMMA Vs. DASHARATHSA AND ORS.

JUDGEMENT

(1.) THE plaintiff filed the above writ petition challenging the order dated 09.06.2015 on I.A. No. II in O.S. No. 23/2012 dismissing the application under Order 11 Rule 14 read with Section 151 of CPC.

(2.) IT is the case of the plaintiff that he has filed O.S. No. 23/2012 for partition and separate possession in respect of suit schedule properties contending all the suit schedule properties are joint family properties of both the plaintiff and the defendants. The defendants filed written statement and contended that the 1st wife of Ramachandrasa Miskin died on or about 1953 leaving behind her only daughter Yallamma. She was aged about 65 years. Sumitrabai, second wife of Ramachandrasa Miskin was performed in the year 1955. Thereafter, in the year 1960 -61 Ramachandrasa Miskin performed the marriage of Yallamma. The CTS No. 1227B, Ward No. 4 was purchased by late Ramachandrasa Miskin in the year 1956 and houses property bearing No. 2662 was purchased by him on 17.01.1973. Both houses are very old houses, but properties yielded no income and rest of the immovable properties are not joint family properties, they are self acquisitions of each member and also contended that so far as the vehicles are concerned, they are standing in the individual names of the defendants which are purchased by them. The gold and silver mentioned in the plaint are not at all existing any time. The deposits in the banks stated in the plaint are false and concocted, there are no deposits in any banks, there is no joint family business, there is no joint family earnings, there is also no joint family, consequently there is no karta of the joint family etc. Therefore, sought for dismissal of the suit.

(3.) I have heard Shri Santosh D. Naragund, learned counsel for the petitioner.