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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Janaki, W/o Late Sanjeeva Sapalya – Appellant
Versus
Gopi @ Vatsala – Respondent
JUDGMENT :
V. SRISHANANDA, J.
Heard Sri Ravishankar Shastry, learned counsel for the appellants and Sri G. Nataraja Ballal A., learned counsel for contesting respondents.
2. Present appeal is filed challenging the order passed by the First Appellate Court in unnumbered R.A……../2018, whereby I.A.No.II filed by the appellants in the said appeal under Section 5 of the LIMITATION ACT came to be rejected, consequently, appeal came to be rejected, whereby decree of the trial Court in O.S.No.77/1996 got confirmed.
3. Facts in the nutshell for disposal of the present appeal are as under:
A suit for partition and separate possession came to be filed in respect of the following properties (hereinafter referred to as ‘suit properties’).
| Item No. | R.S.No. | KISSAM | EXTENT | ASSESSMENT |
| 1. | 123-1D | Nanja | 3.88 | 3.88 |
| 2. | 123-4 | Bagayath | 10 | 0.31 |
| 3. | 124-1B | Nanja | 23 | 1.81 |
| 4. | 124-2A | Nanja | 74 | 3.01 |
| 5. | 124-2C | Nanja | 62 | 2.53 |
| 6. | 117-30 | Nanja | 1.25 | 5.13 |
| 7. | 124-2E | Nanja | 40 | 1.63 |
| 8. | 124-3 | Nanja | 40 | 1.63 |
4. Plaintiff laid the claim contending that plaintiff and defendant Nos.1 to 5 are the children of Guruva Sapalya and defendant No.6 is the daughter-in-law and defendant No.7 is the granddaughter of said Guruva Sapalya and they all constitute a joint f
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