DODDAKAKKAMMA ALIAS AKKAMMA Vs. LAKKANNA

JUDGEMENT

(1.) This is a defendant's writ petition against the order dated 30.01.2017 allowing I.A.No.XVII filed by the plaintiff under Order 39, Rules 6 and 7 of Code of Civil Procedure in O.S.No.531/2011 on the file of the Prl. Civil Judge and JMFC, Madhugiri. Usufructs of the tamarind trees situated in the suit schedule properties was ordered to be auctioned between the parties to the suit and the proceeds to be deposited in the Court for which the successful party will be entitled.

(2.) The respondent No.1/plaintiff filed O.S.No.531/ 2011 against the petitioner and the 2nd respondent herein contending that the suit schedule properties are the ancestral joint family properties of plaintiff and defendants. It was contended that, of late, the first defendant has turned hostile and inimical towards the plaintiff and acted detrimental to the rights and interest of plaintiff over the suit schedule properties and other properties. The first defendant who is staying at Hosapalya, Medigeshi Hobli, Madhugiri Taluk with her brother has been ill advised to alienate the suit schedule properties in favour of others by taking advantage of some nominal and false entries in the revenue records just to defeat the valuable rights of the plaintiff over the same. It is the further case of the plaintiff that O.S.No.392/2011 filed by the first defendant against the second defendant for cancellation of mortgage deed was subsequently decreed by way of compromise in collusion and therefore, filed suit for declaration that the plaintiff and defendants are the joint owners of the property and also for cancellation of decree obtained in O.S.No.392/2011.

(3.) The first defendant filed written statement and denied the plaint averments and contended that the suit property was allotted to plaintiff's father Eranna who sold the same to the first defendant under registered sale deed dated 204.1968 by receiving the sale consideration and he is in possession and enjoyment of the property and therefore, sought for dismissal of the suit.