LAWS(KAR)-2015-8-173

KARISHETTY AND ORS. Vs. SARASWATHI AND ORS.

Decided On August 18, 2015
Karishetty And Ors. Appellant
V/S
Saraswathi And Ors. Respondents

JUDGEMENT

(1.) THE defendant Nos. 1, 2 and 4 in O.S. No. 751/2009 have preferred this 2nd appeal, assailing the judgment and decree in R.A. No. 304/2012, passed by the Fast Track Court -II, Mysuru, dated 18.1.2013, confirming the judgment and decree passed in O.S. No. 751/2009 by the third Addl. Senior Civil Judge at Mysuru, dated 22.5.2012.

(2.) FOR the sake of convenience, the parties shall be referred to in terms of their status before the trial court.

(3.) IT is the case of the plaintiff that she is entitled to a share in the joint family properties just as her brothers are entitled to a share. According to the plaintiff, after the demise of the plaintiffs grand father, defendants No. 1 and 2 turned hostile towards the plaintiff. She demanded partition of the suit schedule properties and claimed her legitimate share. There was also a panchayat convened on 10.12.2009 to effect partition of the suit properties. But nothing positive turned out from the Panchayat proceedings. Therefore, the plaintiff was constrained to file a suit seeking for partition and separate possession in respect of the suit schedule properties by meets and bounds.