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Shivalingaiah Vs Smt. Lakshmamma & Ors. (Karnataka High Court)
Summary: The Karnataka High Court dismissed Regular First Appeal No.1669 of 2019 filed by defendant No.2 against the judgment and decree dated 31.01.2018 passed by the Senior Civil Judge and JMFC, Nagamangala, in Original Suit No.10 of 2013. The trial Court had partly decreed the suit for partition and separate possession and granted the plaintiffs 1/7th share each in the suit schedule properties, except Item Nos.23 and 24 of ‘A’ Schedule. The appeal was filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure.
The plaintiffs were the daughters of defendant Nos.1 and 6 and sisters of defendant Nos.2 to 5. They claimed that the parties constituted an undivided Hindu joint family and sought partition and separate possession of their 2/7th share. According to them, Item Nos.1 to 8 and 25 of ‘A’ Schedule were ancestral and joint family properties; Item Nos.9 to 16 were purchased out of the income of those properties; and Item Nos.17 to 22 and 26 to 28 of ‘A’ Schedule and the ‘B’ Schedule properties had been acquired in the name of defendant No.2 out of joint family funds. Item Nos.23 and 24 of ‘A’ Schedule were claimed to be the separate property of defendant No.6.
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