DEVAKKA Vs. VEERAPPA VIRBASAPPA PALLED

JUDGEMENT

(1.) AS the questions that arise for determination in these cases between the principal contesting parties are interconnected, I propose to dispose of them by a common Order.

(2.) DEVAKKA , the petitioner in C.R.P. No. 2066 of 1980, who is respondent -2 in W. P. No -21482 of 1981, is the daughter of Lakshmavva who is respondent -4 in that Civil Revision Petition and respondent -1 in that Writ Petition. Lakshmavva was the plaintiff in O.S. No. 25 of 1957 on the file of the Civil Judge, Dharwad, and in that suit, respondents 1 to 3 in CRP. No. 2066 of 1980, who are the petitioners in W.P. No. 21482 of 1981 were defendants 1 to 3. Devakka was defendant -4 in the said suit. In the course of my order, hereafter I will refer to them to their Array in the said suit.

(3.) ON the death of her husband, the plaintiff instituted O.S No 25 of 1957 in the Court of the Civil Judge, Dharwad ('Dharwad Court') which then exercised jurisdiction for partition and possession of her 1/4th share in the plaint schedule properties. Defendant -4 supported the plaintiff and sought for allotment of her 1/4th share in the plaint schedule properties. But, defendants 1 to 3 who are the brothers of deceased husband of the plaintiff, seriously contested the said suit on a large number of grounds. On 30 -7 -1960, the learned Civil Judge decreed the said suit, inter alia, directing the allotment of 1/4th share to the plaintiff and 1/4th share to defendant -4 which decree has been affirmed by all the appellate Courts of the land dismissing the appeals of defendants 1 to 3.