SHAIK SADIQUE Vs. CHANNAMMA AND OTHERS

JUDGEMENT

(1.) The purchaser/unsuccessful 6th defendant filed the present appeal against the judgment and decree dated 18.03.2017 made in RA No.17/2014 on the file of the District Judge, Yadgir dismissing the appeal filed by the purchaser 6th defendant, confirming the judgment and decree of the trial Court dated 02.09.2014 made in OS No.19/2013 on the file of the Senior Civil Judge, Yadgir decreeing the suit of the plaintiff for half share in respect of the suit schedule properties observing that the 6th defendant/present appellant can very well claim the right of share of the 1st defendant, as he has executed a sale deed in favour of the 6th defendant and thereby 6th defendant step into the shoe of the 1st defendant as he is having a valid sale deed in his favour executed by the 1st defendant and he is at liberty to claim the share of the 1st defendant in this case in the suit schedule property as he is also having half share in the suit schedule property.

(2.) The 1st respondent filed suit for partition and separate possession of his half share in respect of suit property more fully described in schedule of the plaint contending that the plaintiff is the younger sister of defendant No.1, defendant Nos.2 to 4 are the sons of defendant No.1 and defendant No.5 is the wife of the defendant No.1 and mother of defendant Nos.2 to 4 and defendant No.6 is the stranger to the family of the plaintiff and defendants and he has not concerned whatsoever manner with the family of the plaintiff and defendants and the suit properties. The suit schedule properties are the joint family co-parcenary and ancestral properties of the plaintiff and defendant Nos.1 to 5 and there was no partition by meets and bounds and plaintiff is entitled half share in the suit schedule property.

(3.) Defendant Nos.1 to 5 fails to file written statement.