N.K. Sudhindrarao,J. - (1.) This appeal is directed against the Judgment and decree dated 05.09.2005 passed by the learned I Additional Civil Judge, Senior Division, Belgaum in O.S.No.319/2004 wherein suit filed by the plaintiff came to be decreed and plaintiff was entitled for 1/2 share in the suit schedule amount and 1/2 share in the first item of suit properties to be payable by 2nd defendant.
(2.) In order to avoid confusion and overlapping, parties are referred to according to their rankings and status in the trial court.
(3.) Parvati, is the mother of deceased Mahadev Sanadi, aged 55 years, filed a suit against (1)Savithri Mahadev Sanadi, wife of deceased Mahadev Sanadi, (2) The Executive Engineer, KPTCL, (3)The Branch Manager, LIC. Her prayer is as under: (A) A decree for partition dividing both the suit properties by metes and bounds awarding plaintiff's 1/2 share in the suit schedule amounts, directing the defendants Nos.2 and 3 to make payment of the plaintiff's 1/2 share to this plaintiff. (B) A decree awarding costs of this suit to the plaintiff's from the defendants. (C) A decree awarding any other relief the Hon'ble Court deems fit and proper to the plaintiffs. (D)An order granting permission to amend the plaint if necessary. In other words 1/2 share in the suit schedule amount and the schedule is mentioned as under: i. First Suit Property: All those amounts payable as after death and pensionary benefits accruing to Late Sri.Mahadev Devappa Sanadi (Lineman) the son of the plaintiff and the husband of the defendant No.1 amounting to Rs.10,000,00/- payable by the defendant No.2. ii. Second Suit Property: All those amounts payable on life insurance policies bearing policy Nos.633551984, 633592409 and 633522754 of Late Mahadev Devappa Sanadi amounting to Rs.10,25,000/- in all, payable by the defendant No.3. ;