MALLIGAMMA Vs. RAJASHEKARA

JUDGEMENT

(1.) Challenging judgment and decree dtd. 23/7/2025 passed by Senior Civil Judge, Beluru, in R.A.no.2/2023 dismissing appeal and confirming judgment and decree dtd. 1/4/2022 passed by Civil Judge and JMFC, Beluru, in O.S.no.201/2013, this appeal is filed.

(2.) Sri D.C. Jagadeesh, learned counsel, submitted that appeal was by defendant no. 1 in O.S.no.201 of 2013 filed by respondents 1 and 2 herein (plaintiffs) for relief of partition and separate possession of their 1/3rd share in suit schedule property. In plaint, plaintiffs had stated that suit properties were ancestral joint family properties of propositus Mallegowda, their grandfather. It was stated Mallegowda and his wife Sannamma had three daughters i.e., Parvathamma, Mallamma and Maligamma. It was stated that Parvathamma had married Channabasavegowda and had seven children namely defendants no.3 to 9, Mallamma married Mallegouda and had two children namely plaintiffs and Maligamma married Gangadharappa (defendants no.1 and 2) and had four children. It was stated that both their parents as well as grandparents had died, and therefore, plaintiffs were entitled for 1/3rd share in properties of propositus. Since defendants had failed to give share, despite demand, they were constrained to file suit.

(3.) On service of summons, defendants no.1, 3 and 9 filed written statement admitting propositus Mallegowda had three daughters, but disputed Mallamma bearing any children and denied relationship of plaintiffs with Mallamma. They admitted death of propositus and his wife. It was stated that Mallamma was got married outside village, but as she was suffering from mental retardation, she had left her husband's house and was residing with defendant no.1 and until her death on 8/11/2006. It was further stated that only item no.7 of suit properties was ancestral property, while items no.1 to 6 were self-acquired properties of Mallegowda, who had died on 4/4/1979 and prior to date of death, on 19/2/1979 executed a registered Will bequeathing Items no.1 to 6 in favour of defendant no.1 and after his death, name of defendant no.1 was mutated insofar as items no.1 to 6 and they were in possession.