SIDDAMMA Vs. BOMMANNA

JUDGEMENT

(1.) This is a plaintiff's Regular Second Appeal against the Judgment and Decree dated 23rd July 2012 made in R.A. No.52/2011 on the file of the Senior Civil Judge and J.M.F.C., Sira, dismissing the appeal and confirmed the Judgment and Decree of the Trial Court dated 8th March 2011 made in O.S. No. 219/2008 on the file of the Civil Judge and J.M.F.C., Sira dismissing the suit of the plaintiff with costs.

(2.) The appellant/plaintiff filed the suit in O.S. No. 219/2008 against the defendants for partition and separate possession contending that 1st defendant got five daughters and three sons through his wife, the 2nd defendant. Plaintiff and the defendant Nos. 3 to 6 are the daughters of the 1st defendant, defendant Nos.7 to 9 are the sons of the 1st defendant, who are co-parceners of the Hindu Undivided Joint Family. The suit schedule properties are ancestral and joint family properties of plaintiff and the defendants and they are in joint possession and enjoyment of item Nos.1 to 7. All the suit schedule properties are the valuable lands. The plaintiff requested the defendants to allot her legitimate share in the suit schedule properties in the presence of panchas. The 1st defendant and other defendants colluded with each other and have executed Registered Partition Deed dated 28.08.2004 in respect of the properties. On the basis of the registered partition deed, defendant Nos.1 and 7 to 9 got the mutation under M.R. No.17/2004-2005 on 18.10.2004 and they have refused to effect the partition even though she demanded for share. Therefore, she filed the suit.

(3.) The defendant Nos.1, 3, 7, 8 and 9 have filed written statement and admitted the relationship and disputed the entire case of the plaintiff and contended that the suit filed with vengeance and rival mind against them. All the defendants have condemned the bad and immoral behaviour of the daughter of the plaintiff by name Sumithra. As the plaintiff is one of the daughter of 1st defendant, got married with 8th defendant who is gentleman and good hearted, but he is very much harassed by the plaintiff's members including her daughter Sumithra. Plaintiff got filed the cases against the defendants and against the 8th defendant for awarding maintenance and also filed criminal cases on the basis of created facts. All are ended with compromise and now 8th defendant is free from the clutches of the plaintiff and her daughter, But being not satisfied with the earlier dispute the plaintiff had filed the frivolous suit.