GADEPPA Vs. GADEMMA AND ORS.

JUDGEMENT

(1.) APPEAL is by the first defendant in the suit challenging the judgment and decree passed by the Trial Court in decreeing the suit of the plaintiff.

(2.) I have heard the learned counsel appearing for the parties and perused the judgment and decree passed by the Trial Court.

(3.) CASE of the plaintiff is defendant Nos. 1 to 3 are sons of one Mallappa S/o. Amarappa and she is the daughter of first defendant -Gadeppa. The defendants after the death of their father Amarappa got the properties divided and suit properties were fallen to the share of her father i.e., first defendant. Since katha of item No. 3 of the suit property is standing in. the joint names of defendant Nos. 1 to 3, defendant Nos. 2 and 3 are made as formal parties to the suit. Plaintiffs mother Gangamma is the legally wedded wife of the first defendant. Their marriage was taken place 23 -24 years ago at Shri Ramalingeshwara temple, Chittapur village, Lingsuguru Taluk as per the customs prevailing in their community. She was born to them one or two years after their marriage. After their marriage, Gangamma lived with her husband i.e., first defendant about 2 -3 years. Thereafter, first defendant deserted her from his company and married one Laxmibai and has three children from the said Laxmibai and they are illegitimate children of the first defendant. The plaintiff being the legitimate daughter of Gangamma and the first defendant has become a coparcener of the family and she married her mother's elder brother's son Hanamantha. The said marriage was celebrated by the first defendant himself. The suit properties are in possession of plaintiff and the first defendant and no partition has been taken place between the plaintiff and the first defendant. Her mother is suffering from ill -health and finding difficulty to lead her life. The first defendant refused and neglected to maintain her mother and there are differences between her parents. When she demanded the first defendant to give her legitimate share in the suit scheduled properties in the presence of elders of the village, he refused to effect partition and therefore, she has brought the suit for partition and separate possession of her share in the suit properties.