SHIVAYOGAYYA Vs. PUTTAYYA AND OTHERS

JUDGEMENT

(1.) This appeal is by defendant No.1 against the judgment and decree dated 07.04.2014 passed in O.S.No.85/2011 on the file of the Addl. Senior Civil Judge, Haveri (for short, 'the Trial Court'), by which the trial Court has decreed the suit holding that the suit schedule properties shall be divided equally into six shares and plaintiff and defendant Nos.1 to 5 each are entitled to ? ..?th share in the suit schedule properties.

(2.) For the purpose of convenience, rankings of the parties shall be referred to as in the trial Court.

(3.) The plaintiff filed the suit for partition initially including item Nos.1 to 4 of the suit scheduled properties subsequently included two more items to the suit schedule by amendment dated 17.02.2012 and dated 28.02.2012. It is the case of the plaintiff that the suit schedule properties belong to Channabasayya Hiremath, who is the father of the plaintiff and defendants. Channabasayya Hiremath had five sons and one daughter. The said Channabasayya Hiremath died on 22.02.1996 leaving behind the plaintiff and defendants along with his wife Annapurna, who also died on 17.12.2009. The plaintiff states that the suit scheduled properties are not partitioned till today and suit schedule properties are in the joint possession of the plaintiff and defendants. Further, it is stated that the plaintiff demanded his legitimate share in the suit schedule properties in the month of August 2011, which were denied by the defendants which gave cause of action to the plaintiff to file suit for partition. Further, it is submitted that plaintiff is having 7/36th share in the suit schedule properties. Initially, the plaintiff stated that, as the case relating to agricultural property bearing R.S.No.206/1 is pending before the Land Tribunal, he has not included the same in the suit schedule properties. But subsequently by amending the suit schedule, the plaintiff has included the agricultural property bearing R.S.No.206/1 of Haveri. Thus, he prays to decree the suit.