H.P. CHIKKARAMA REDDY Vs. KANTHAMMA

JUDGEMENT

(1.) The order dated 25.10.2014 passed in O.S.7425/11 pending on the file of XXII Additional City Civil and Sessions Judge, Bangalore, is called in question on various grounds as set out in the memorandum of petition by defendant nos.13 and 14 in the said suit.

(2.) Respondents 2 and 3 herein are the parents of 3rd defendant (4th respondent herein). Respondent no.1 is the sole plaintiff the said suit. Respondents 5 to 7 are children of respondent no.4 (defendant no.3)- Munireddy. Respondents 8 to 11 are daughters of defendants 1 and 2, i.e. sisters of the plaintiff. Other respondents are purchasers of properties. Parties will be referred to as plaintiffs and defendants as per their ranking before the trial court.

(3.) Plaintiff is the daughter of defendants 1 and 2. The 3rd defendant is her brother and defendants 7 to 10 are sisters. Defendants 4 to 6 are the children of 3rd defendant. The suit has been filed for the relief of partition and separate possession seeking 1/7th share. According to the plaintiff, the suit schedule properties are joint family properties of the family consisting of herself and defendants 1 to 3 and 7 to 10. It is her case that in the year 2003, defendant no.1 entered into a partition with his only son-3rd defendant on 6.2.2003 and the said document is registered. According to her, only 14 guntas of land in Survey No.48/7 of Belandur village described in 'A' schedule has been allotted to the 1st defendant and remaining properties have been allotted to the 3rd defendant-Munireddy and on the same day, defendants 3 to 6 have partitioned the said properties amongst themselves.