S V DAMODARA Vs. B R KAMALAKSHI

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned counsel for the respondents.

(2.) THIS appeal under Section 100, C.P.C. has arisen out of the judgment and decree dated 7.7.995 passed in O.S.239/90 which was pending before the then Court of Principal Munsiff at Virajpet, Kodagu District. The lone respondent is the plaintiff in the said suit. Appellants herein are defendants 1 to 5 in the suit. Parties will be referred to as plaintiff and defendants as per their ranking before the trial court.

(3.) PLAINTIFF filed the suit seeking the relief of partition and separate possession in respect of 5 items of immovable properties described in the schedule appended to the plaint. The 4th defendant is the mother of plaintiff and defendants 1 to 3. The 5th defendant has purchased the schedule property from defendants 1 to 4. Admittedly the property in question originally belonged to S.V.Venkappaiah and he was the absolute owner of the suit schedule properties and he died intestate. After his death, plaintiff requested defendants 1 to 4 to give her 1/5th share which was denied. As such she was forced to file the suit for partition.