MALLAPPA Vs. LAXMIBAI

JUDGEMENT

(1.) This appeal is preferred by the defendants challenging the judgment and decree dtd. 12/6/2019 in R.A.No.40/2012 on the file of the Principal District and Sessions Judge, Bagalkot(hereinafter referred to as 'First Appellate Court') dismissing the appeal and modifying the shares of the parties in judgment and decree dtd. 1/4/2010 in O.S.No.2/2006 (Old O.S.No.130/2005) on the file of the Senior Civil Judge, Badami(hereinafter referred to as 'Trial Court') decreeing the suit of the plaintiffs.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) It is the case of the plaintiffs that the plaintiff No.1 is the wife of defendant No.1 and plaintiffs No.2 to 5 are the children of plaintiff No.1 and defendant No.1. It is the case of the plaintiffs that suit schedule properties are the joint family properties of Hanamappa Mallppa Ganjihal - original propositus and he had five children namely defendants. It is the case of the plaintiffs that, the suit schedule properties are the joint family properties of the plaintiffs and defendants No.1 and 2 and therefore the defendants No.3 to 5 have no right in respect of the suit schedule properties and accordingly plaintiffs have filed suit in O.S.No.2/2006 (Old O.S.No.130/2005) seeking relief of partition and separate possession in respect of the suit schedule properties.