NEELAWWA Vs. BALAPPA

JUDGEMENT

(1.) This appeal by the unsuccessful plaintiff in O.S.No.90/ 2019 on the file of the Senior Civil Judge and JMFC, Ron[Hereinafter referred to as 'the Trial Court'] is directed against the impugned judgment and decree dtd. 18/2/2022 whereby the said suit filed by the appellants/ plaintiffs against the respondent No.1/defendant No.1 for partition and separate possession of the suit schedule properties was dismissed by the Trial Court.

(2.) Heard the learned counsel for the appellants/plaintiffs and the learned counsel for respondent No.2/defendant No.2 and perused the material on record.

(3.) A perusal of the material on record indicates that the appellants/plaintiffs are the wife and daughters of late Shankrappa Jigalur and the respondent No.1/defendant No.1 is his son. It is undisputed fact borne out from the material on record that the aforesaid Shankrappa Jigalur expired in the year 2019 leaving behind his wife i.e., plaintiff No.1/appellant No.1, three daughters i.e., appellants 2 to 4/plaintiffs 2 to 4 and a son i.e., respondent No.1/defendant No.1 to succeed to his share including the suit schedule properties. The respondent No.1/defendant No.1 executed two sale agreements both dtd. 26/4/2014 in favour of respondent No.2/defendant No.2, who is not a family member and in pursuance of the same, the respondent No.2/defendant No.2 filed two suits in O.S.No.2/2017 and O.S.No.3/2017 against the respondent No.1/defendant No.1, which were decreed by the Civil Court in favour of respondent No.2/defendant No.2 against respondent No.1/defendant No.1. It is contended by the appellants/ plaintiffs that their attempt to seek impleadment in the aforesaid two suits was rejected and as such, since the properties were joint family properties, the appellants/plaintiffs are entitled to 1/5th share each in the suit schedule properties and the respondent No.1/defendant No.1 having denied the legitimate share in the same, the appellants/plaintiffs instituted a suit for partition and separate possession of their legitimate share in the suit schedule properties and for other reliefs.