SUMITRA Vs. ANASUYA

JUDGEMENT

(1.) This appeal is listed for admission. But, with the consent of the learned counsel for the appellant and the respondents, who have been served, is taken up for final disposal.

(2.) The appellant, who is the plaintiff in O.S.No.76/2017 on the file of the Principal Senior Civil Judge and Principal JMFC, Sirsi (for short 'the Trial Court'), has filed this appeal being aggrieved by the Trial Court's order dated 28.05.2018 rejecting the appellant's application filed under Order XXXIX Rule 1 and 2 of CPC.

(3.) The facts necessary for disposal of the appeal on the submissions made by the learned counsel for the appellant that the appellant be permitted to file a fresh application under Order XXXIX Rule 1 and 2 of CPC along with certain other applications necessary for better adjudication of a case, can be stated thus: the appellant is the daughter of Sri.Devanna @ Demanna and Smt.Anasuya. The father, Devanna @ Demanna, died on 21.09.2010. He is survived by his wife (defendant No.1), two sons (defendant Nos.2 and 3) and two daughters. The appellant is the elder daughter and the younger daughter Vinoda, predeceased her father. She is survived by her children who are arrayed as defendant Nos.4 and 5. The family members owned lands in Sy.No.126/1B measuring 22 guntas and land in Sy.No.126/3B measuring 1 acre 8 guntas situated at Gouligalli, near Hubli Raod, Sirsi Town, (suit schedule properties). There was partition amongst Devanna @ Demanna and his brothers Gajanana and Ashok, and the suit schedule properties were allotted to Devanna @ Demanna. The suit schedule properties have been subdivided into plots and alienated in favour of the third party purchasers, who have also been arrayed as defendants. The appellant-plaintiff asserts equal share along with her siblings and mother contending that the suit schedule properties are the ancestral properties and the plots have not only been illegally made in these lands but also transferred without her consent. Therefore, the appellant is entitled to claim a share in both the properties, including the plots transferred in favour of the third party purchasers.