PUTTALINGAMMA Vs. KALINGAIAH

JUDGEMENT

(1.) This plaintiff's second appeal arises out of the judgment and decree dated 31.10.2015 passed in R.A.No.200/2012 by the II Additional District Judge at Mysuru. Under the said judgment and decree the 1st Appellate Court has confirmed the judgment and decree dated 6.3.2012 in O.S.No.721/2009 passed by the IV Addl.Senior Civil Judge at Mysuru, dismissing the suit of the appellant for partition and separate possession of her share in the house property bearing door No.2973 new No.CH-17 situated at II Cross, Kukkarahalli, Mysuru.

(2.) Plaintiff and defendant No.2 are the daughters and defendant No.1 was the son of one Siddaramaiah. Defendants-3 to 5 are the children of defendant No.2. Siddaramaiah died in the year 1980. Plaintiff and defendant No.2 filed O.S.No.1027/1988 against defendant No.1 claiming that the suit schedule property i.e., door No.2973 new No.CH-17 was the self-acquired property of said Siddaramaiah and he has bequeathed the said property in their favour under the Will dated 19.1.1974 and thereby they have become the absolute owners of the said property. The said suit came to be dismissed on adjudication. Plaintiff and defendant No.2 challenged the said judgment in R.A.No.365/2004 which also came to be dismissed in 2009.

(3.) While disposing of R.A.No.365/2004, it was observed that, if the plaintiff claims any right in the property through her father by succession, it is open to her to file suit claiming share in the suit property. Thereafter, plaintiff filed O.S.No.721/2009 claiming that on the death of her father, herself, defendant Nos.1 and 2 are entitled to equal 1/3rd share each in the suit property.