SHARADABAI Vs. SANGAPPA

JUDGEMENT

(1.) Plaintiffs in O.S.No.99/1989 have preferred this second appeal assailing judgment and decree passed in R.A.No.106/2002 dated 21.03.2005 passed by the Civil Judge (Sr.Dn.), Sedam by which, the judgment and decree, passed in O.S.No.99/1989, by the Principal Civil Judge (Jr.Dn.), Chittapur has been confirmed.

(2.) For the sake of convenience, parties herein shall be referred to, in terms of their status before the trial Court.

(3.) Appellant-plaintiffs filed the aforesaid suit seeking partition and separate possession of their 1/8th share in the suit properties. According to them, suit properties include land bearing Sy.No.5 measuring 20 acres 37 guntas; land bearing Sy.No.168 measuring 29 acres 27 guntas and land bearing Sy.No.194/2 measuring 7 acres 7 guntas, all situated in Arjambagi village and house property bearing Panchayat No.4-172 situated in the said village. That plaintiffs are sisters, being daughters of Sidramappa and defendant No.1 - Nagamma. That defendant No.2 is their step brother and he has been adopted by Shivaraya Biradar who was the elder brother of their father, Sidramappa Biradar. That Shivaraya Biradar was an aged person without having any issue. So he took defendant No.2 in adoption to continue his family line. That his younger brother, Sidramappa - father of the plaintiffs is the natural father of defendant No.2. The father of the plaintiffs gave away defendant No.2 in adoption in the hope of having another son. All requisite ceremonies were performed as per the customs. That defendant Nos.3 and 4 are the minor sons of defendant No.2 and defendant Nos.5 to 8 are the sisters of plaintiffs and daughters of deceased, Sidramappa Biradar from his second wife whom he deserted about fifteen years prior to his death. That defendant Nos.1 to 8 are interested in depriving plaintiffs of their legitimate and legal shares in the suit properties left behind by Sidramappa when he died on 18.03.1983 at about 10.20 p.m., after a prolonged illness on account of paralysis. His burial took place next day i.e., on 19.03.1983. It is alleged that Sidramappa was bed ridden for some months while he was taking treatment and he was not in a position to move his limbs. That he was in complete coma for three days prior to his death. That defendant No.1 is the natural mother of plaintiffs who has colluded with her step sons and daughters under coercion and compulsion. That deceased Sidramappa was the exclusive owner in possession and enjoyment of the suit properties at the time of his death which was at 10.20 p.m. on 18.03.1983 and he left behind plaintiffs and defendants, except defendant Nos.2 to 4 as his legal heirs. That defendant No.2 is the adopted son of deceased Shivaraya, who was the elder brother of Sidramappa and as such defendant Nos.2 to 4 have no interest in the suit properties.