ASHWATHAMMA Vs. CHICKASUBBAMMA AND ORS.

JUDGEMENT

(1.) THIS second appeal is filed by defendant No. 3 in O.S. No. 99/2005, which was decreed on 6/7/2006 and the same has been confirmed by judgment and decree dated 21/12/2013 in R.A. No. 151/2006 by the Addl. District and Sessions Judge at Chickballapur.

(2.) FOR the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

(3.) IT is the case of the plaintiff that the plaintiff and defendants belonged to Hindu Undivided Joint Family and they are in joint possession of the suit schedule properties. Originally one Ashwathappa @ Ashwathnarayanappa was the propositus of the family of the plaintiff and defendants. He had two wives, by name Nanjamma and Siddamma. Through the first wife, he had three daughters namely Nanjamma (defendant No. 1), Peddasubbamma (defendant No. 2) and Chikkasubbamma (plaintiff). Through the second wife, Ashwathappa had one daughter by name Ashwathamma (defendant No. 3). The parents of the parties are no longer alive. The plaintiff and defendants have been married and are residing with their respective husbands. According to the plaintiff, the defendants have colluded with each other and tried to change the khatha in their names without the knowledge of the plaintiff and are trying to alienate the suit schedule properties in favour of third parties. At that stage, the plaintiff demanded for partition and several rounds of negotiations and panchayats were held. But they were in vain. Therefore, the plaintiff filed the suit seeking her 1/4th share and separate possession in the suit schedule properties.