ANUPAMA MAHAPATRA Vs. TAPAS KUMAR MAHAPATRA AND ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Petition has been filed by the petitioner challenging the order dated 31.10.2014 passed by the learned Civil Judge (Senior Division), Bargarh in C.S. No. 54/135 of 2011 rejecting an application filed to delete the property of a female Hindu not being a member of joint family as the said property was not acquired from the joint family funds.

(2.) The brief facts of the case are that opposite party No. 1 as plaintiff filed C.S. No. 54/135 of 2011 before the learned Civil Judge (Senior Division), Bargarh for partition along with other reliefs. The plaintiff inter alia pleaded that he and defendant Nos. 1 to 12 belongs to one family and one Dhanurjaya Mahapatra is their common ancestor. Dhanurjaya died leaving behind two sons namely defendant Nos. 1 and 2 (opposite party Nos. 2 and 3) and one daughter defendant No. 3 (opposite party No. 4). The plaintiff and defendant Nos. 4, 5 and 6 are the children of defendant No. 1 and defendant No. 12 is the wife of defendant No. 1. The petitioner is defendant No. 7. She is the wife of defendant No. 6. Defendant Nos. 8, 9 and 10 are the sons of defendant No. 2 and defendant No. 11 is the wife of defendant No. 8.

(3.) After death of Dhanurjaya defendant Nos. 1 and 2 succeeded all his properties and possessed the same jointly with all manner of right Schedule 'A' properties of the plaint are the ancestral joint family properties which were inherited from Dhanurjaya and acquired in the names of the family members from the joint family nucleus for convenience Defendant Nos. 1 and 6 were looking after the family business till 2003 when the plaintiff joined them after completing his studies. Defendant Nos. 1 and 2 looked after the properties in the Village - Laumunda. Defendant Nos. 2 and 6 was the custodian of all the records of the joint family business and maintaining the accounts.