A. C. NAGAVENI Vs. AKKAMMA

JUDGEMENT

(1.) These appeals and cross objections have been filed questioning the correctness and legality of the judgment and decree passed by XXII Addl.City Civil Judge, Bangalore on 10.03.2009 in O.S.NO.6906/1997 whereunder suit filed by the plaintiff for partition and separate possession came to be decreed by granting plaintiff 9/32nd share in items -1 to 11 of plaint 'A' schedule properties and the properties described in plaint 'B' schedule. Suit filed in respect of item No.12 and 13 of plaint 'A' schedule and properties described in plaint 'C' schedule has been dismissed. Further decree has been passed for conducting enquiry into mesne profits. It is also decreed that plaintiff would be entitled for maintenance from defendants-1 and 2 till final decree and amounts so received was ordered to be adjusted from mesne profits to be determined in Final Decree Proceedings.

(2.) Rfa No.770/2008 is preferred by defendants-1, 1(a) to 1(c) challenging the judgment and decree passed in O.S.No.6906/1997 decreeing the suit. RFA No.970/2009 is filed by defendants-3 & 7 challenging same judgment and decree insofar as dismissing the suit in respect of item Nos.12 and 13 of plaint 'A' schedule properties and movable properties described in plaint 'C' schedule. Cross objections No.13/2009 (in RFA No.770/2008) is preferred by defendants-3 & 7 questioning the allotment of quantum of shares and the findings recorded on item No.12 and 13 as same being the self acquired properties of second defendant. RFA NO.1015/2008 is preferred by defendants-2, 2(a) to 2(d) challenging same judgment and decree whereunder suit came to be decreed in respect of item Nos.1 to 11 of schedule 'A' properties and 'B' schedule properties in entirety. Cross Appeal No.8/2010 is preferred by third defendant in RFA No.1015/2008 challenging the dismissal of the suit in respect of item No.12 and 13 of schedule 'A' property.

(3.) For the purposes of convenience and immediate reference, the appeals/cross objectionsappeals and the rank of the parties who have filed the same are tabulated herein below: <FRM>JUDGEMENT_10_LAWS(KAR)5_2017_1.html</FRM>