LAWS(KAR)-2025-3-50

ANNAPURNAMMA Vs. SHANMUKAPPA

Decided On March 06, 2025
Annapurnamma Appellant
V/S
Shanmukappa Respondents

JUDGEMENT

(1.) This appeal is filed by defendant Nos.1 to 4 challenging the judgment and decree dtd. 16/11/2015 passed in RA No.187 of 2009 on the file of the II Additional District Judge at Haveri (sitting at Ranebennur), dismissing the appeal and confirming the judgment and decree dtd. 29/8/2009 passed in OS No.136 of 2004 on the file of the Additional Civil Judge (Sr.Dn.), Ranebennur, decreeing the suit of the plaintiffs.

(2.) For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the trial Court.

(3.) The plaint averments are that, Channabasappa- original propositus had three sons namely, Kotrappa, Irappa, and Mahadevappa. Kotrappa had three children, namely, Nagappa (husband defendant No.1 and father of defendant Nos.2 to 5), Channabasappa (husband of plaintiff No.5) and Shanmukhappa (plaintiff No.1). The 2nd son of Channabasappa-Erappa died leaving behind his wife Parvathavva, (plaintiff No.3) and son-Ashokappa (plaintiff No.2). The 3rd son of Channabasappa-Mahadevappa, died leaving behind his wife Gowramma (plaintiff No.4(A)) and two children namely, Prakash (plaintiff No.4(B)) and Ashok (Plaintiff No.4(C)). It is the case of the plaintiffs that, after the death of original propositus-Channabasappa, the 1st son - Kotrappa was managing the affairs of the joint family and has acquired the suit schedule properties, which are undivided ancestral properties of plaintiffs and defendants, in which plaintiff Nos.2 to 4 were residing along with the defendant Nos.2 to 5 in the house property. It is further stated in the plaint that, house property was sold by all the sons of Channabasappa by executing nominal Sale Deed in favour of one Yellappa Venkapppa Ekabote, on 1/5/1946 and the possession of the property was not delivered to Yellappa Venkappa Ekabote and retained by the plaintiffs and defendants. It is also stated that, on 24/6/1972, loan was repaid and as such, the house property was repurchased in the name of Kotrappa- being a manager of the joint family. Hence, it is stated that, the house property bearing CTS No.1591 is the joint family property of plaintiffs and defendants. It is also stated in the plaint that, remaining properties are ancestral properties of the plaintiffs as they were running, Printing Press as well as the Saloon in the schedule property and accordingly, it is the case of the plaintiffs that, the suit properties are the joint family properties of children of Channabasappa. It is also stated in the plaint that, the plaintiffs came to know about the change of khata of the item No.1 'A' and 'B' properties, in terms of the registered Will dtd. 20/11/1996, said to have been executed by the Kotrappa in favour of his daughter in law- defendant No.1 and therefore, it is the contention of the plaintiffs that the testator-Kotrpapa has no authority under law to execute registered Will in respect of entire share of the properties in favour of defendant No.1 and also stated that, the said Will has been executed under suspicious circumstances to knock off the suit schedule properties and therefore, plaintiffs have filed OS No.136 of 2004 seeking relief of partition and separate possession in respect of suit schedule properties.