VIDYAVATI Vs. SHIVASHARANAPPA

JUDGEMENT

(1.) This appeal is by the plaintiff/Decree Holder in O.S.No.348/2007 which was filed for relief of declaration and possession. The said suit was decreed as sought for on 24/7/2010. The said decree having been challenged by the defendants/respondents in R.A.No.105/2010, resulted in dismissal on 28/2/2012. There being no further challenge to the same, has attained finality. Seeking execution of the said judgment and decree, the plaintiff initiated execution proceedings in E.P.No.100/2016.

(2.) During pendency of the said execution proceedings, one Renuka - the respondent No.6 filed application under Order XXI Rule 97 read with Sec. 151 CPC, claiming determination of her right in the suit property on the premise that the same was purchased by her father Srimanthappa. As such, she is entitled for the share in the said property. The Executing Court rejected the said application by an order dtd. 27/6/2024. Being aggrieved, said Renuka/respondent No.6 herein preferred a regular appeal in R.A.No.40/2024. By order dtd. 2/12/2024, the First Appellate Court allowed the Regular Appeal and allowed the said application. Being aggrieved, the plaintiff/decree holder is before this Court.

(3.) Case of the plaintiff is that she purchased the property bearing Plot No.75 situated in Sy.No.129/3/E of Kapanoor, Revanasiddeshwara Colony, Gulbarga measuring 24" x 50" [hereinafter referred to as the 'suit property ' for brevity] in terms of deed of sale dtd. 29/5/2004 for valuable sale consideration from Revanasidappa S/o Srimanthappa. Subsequent to the said, a suit in O.S.No.7/2005 came to be filed by Shivasharanappa and Prabhuling as plaintiff Nos.1 and 2 against Revansiddappa as defendant No.1 and the present plaintiff/decree holder/appellant herein as defendant No.2 for relief of declaration and injunction. It was contented that Srimanthappa and his wife Nagamma gave birth to three sons and a daughter namely Shivasharnappa, Prabhuling (plaintiff Nos.1 and 2 therein), Revansiddappa the defendant No.4 therein and Renuka and the suit property was the joint family property and as such Revansiddappa - defendant No.1 could not have sold the same in favour of defendant No.2 (the plaintiff herein) in terms of deed of sale on 29/5/2004 as such sought for declaration. The said suit came to be dismissed on 10/7/2007. As against which, a regular appeal in R.A.No.71/2007 came to be filed which was also dismissed on 3/11/2009. The said judgment decree passed by the Trial Court, confirmed by the First Appellate Court has attained finality.