ANASAVVA Vs. NEELAVVA

JUDGEMENT

(1.) This appeal is preferred by the plaintiff challenging the judgment and decree dtd. 6/1/2018 in R.A.No.176/2016 on the file of the Senior Civil Judge and JMFC at Kundgol,hereinafter referred to as 'First Appellate Court' dismissing the appeal and confirming the judgment and decree dtd. 6/10/2016 in O.S.No.43/2008 on the file of the Civil Judge and JMFC at Kundgol,hereinafter referred to as 'Trial Court' dismissing the suit of the plaintiff.

(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 plaintiff that the plaintiff is the wife of Nagappa Sannamani and the original defendant is her brother-in-law. It is the case of the plaintiff that her husband - Nagappa Sannamani died on 15/4/1999 and thereafter the name of the plaintiff was entered in the revenue records along with the defendant. It is also stated in the plaint that the defendant has obstructed the joint possession of the plaintiff in respect of the suit schedule properties and as such, the plaintiff has filed O.S.No.43/2008 before the Trial Court seeking the relief of partition and separate possession in respect of the schedule properties.