AMARAPPA Vs. SANGAVVA AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 10th of August 2015 passed by the Prl. Civil Judge & JMFC, Hunagund, whereby the learned Civil Judge has permitted three applications filed by the respondent -plaintiff viz., I.A. No. 10 filed under Order 6 Rule 17 r/w Sec. 151 of CPC, for seeking permission to amend the plaint, I.A. No. 11 filed under Order 18 Rule 17 r/w Sec. 151 of CPC for reopening the case, and for permitting the plaintiff to lead further evidence, and lastly I.A. No. 12 filed under Order 7 Rule 14 (A) r/w. Sec. 151 of CPC to permit the plaintiff to produce certified copies of the proceedings in O.S. No. 238/1998 and O.S. No. 203/1999.

(2.) Briefly the facts of the case are the plaintiff -respondent had filed a civil suit against the petitioner -defendant, namely, O.S. No. 237/2011 before the Prl. Civil Judge (Jr. Dn), Hunagund, for declaration, partition and for separate possession and also for permanent injunction against the defendant -petitioner. In the suit, the respondent No. 1 -plaintiff No. 1 had claimed herself to be the wife of Basappa Huligudda. She had also claimed that respondent Nos. 1 and 2 are the children from their marriage. She further claimed that the defendant -petitioner was the son of Basappa Huligudda from his first wife. She further alleged that the suit properties are joint family properties of the plaintiff, and the defendant; that they have equal share in the suit schedule properties. The plaintiff -respondent further claimed that the defendant -petitioner has refused to give their respective shares to them.

(3.) In the written statement filed by the defendant -petitioner, he denied the marital relationship of the plaintiff -respondent No. 1 with his father. He further denied that the suit properties were joint family properties. According to the petitioner, the suit properties were self -acquired properties of Basappa, his father.