YASHODAMMA Vs. NAGAMMA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 24/11/2021 passed Senior Civil Judge and J.M.F.C., Arakalagud, in R.A.no.3/2016 and judgment and decree dtd. 4/12/2015 by Civil Judge and J.M.F.C., Arkalgud, in O.S.no.233/2009, this appeal is filed.

(2.) Sri Jayakara Shetty H., learned counsel for appellants submitted that appeal was by plaintiffs in O.S.no.233/2009 filed for partition and separate possession of suit schedule properties. In plaint, it was stated that suit schedule properties were ancestral joint family properties of plaintiffs and defendants. Though plaintiffs demanded share, defendants denied same, constraining them to file suit.

(3.) On service of suit summons, defendants no.2, 3, 7 and 8 did not appear and were placed ex-parte. Defendants no.1, 4, 5 and 6 entered appearance and defendant no.1 filed written statement disputing nature of suit schedule properties as ancestral joint family properties. It was stated, defendant's grandfather Narasimhaiah was having two children namely Gaviyaiah and Narasimaiah. Gaviyaiah out of his own income had acquired suit schedule properties and after his death, defendants had succeeded to same and were in possession. It was also stated that defendants no.2 and 3 had filed O.S.no.266/1997 arraying defendant no.1 as party and said suit came to be dismissed and present plaintiffs were children of defendants no.2 and 3 and therefore, suit was barred by principles of res judicata and sought dismissal.