& DECREE DTD:11.7.2018 PASSED IN

R.A.NO.34/2017 ON THE FILE OF THE I ADDITIONAL SENIOR

CIVIL JUDGE AND CJM., DHARWAD, DISMISSING THE APPEAL

AND

CONFIRMING

JUDGMENT

AND

DECREE

DTD:21.2.2017, PASSED IN O.S. NO.224/2010 ON THE FILE OF

THE II ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE

FIRST CLASS-II COURT, DHARWAD PARTLY DECREEEING THE

SUIT FILED FOR PARTITION AND SEPARATE POSSESSION.

ANNAPURNA

CHINNAPPA

DANDAGAL

Digitally

signed by

ANNAPURNA

CHINNAPPA

DANDAGAL

Location:

HIGH

COURT OF

KARNATAKA

DHARWAD

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Though the matter is listed for admission, with

the consent of the learned counsel for parties, the

matter is taken up for final disposal.

The present second appeal is filed by the

defendant No.1 assailing judgment and decree dated

11.07.2018 passed in R.A.No.34/2017 on the file of

the I Additional Senior Civil Judge and CJM., Dharwad,

confirming the judgment and decree dated 21.02.2017

in O.S.No.224/2010 on the file of the II Additional Civil

Judge and Judicial Magistrate First Class-II Court,

Dharwad.

The parties herein are referred to as per

their ranking before trial Court for the sake of

convenience.

- 3 -

4.

Plaintiff-respondent No.1 has filed suit for

partition and separate possession in respect of suit

schedule properties.

5.

The suit schedule properties are:

a) Agricultural land bearing Sy.No.98/1,

measuring

4

Acres-30

Guntas,

assessed

at

Rs.34-28,

situated

at

Mansur + Sannasomapur village, Tq

and Dist: Dharwad.

b) VPC No.39, the House and opne space,

situated in Mansur + Sannasomapur

village, Tq and Dist: Dharwad.

c) VPC No.222, the house and open space

situated in Mansur + Sannasomapur

village, Tq and Dist: Dharwad.

6.

One

Sri.Nagayya

S/o

Siddarayya

Marasangayyanavar, is original propositus of plaintiff’s

and defendants and the suit schedule properties are

the self acquired properties of deceased Sri.Nagayya.

Smt.Kallavva is the first wife of deceased Sri.Nagayya

and Sri.Basayya-defendant No.1 is their son, after the

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death of Kallavva Nagayya married Chinnavva and

plaintiff and defendant Nos.2 and 3 are their children

and members of Hindu undivided family. It is averred

that during the lifetime of Sri.Nagayya, he had

executed a Will equally in favour of the children and

handed over the said Will to Kallappa Yattinagudda of

Manasur village. It is stated that the defendant No.1

had not agreed for partition in respect of VPC No.222

house and open space i.e. item no.1C suit schedule

property. It is averred that defendant No.1 has

entered his name in the record of rights and

constructed a house without giving any share in

respect of item no.1C of the suit schedule property.

7.

Pursuant to the summons issued by the

trial Court, the defendants appeared and filed their

written statement.

8.

Defendant No.1 specifically contended that

VPC No.222 item No.1C is self acquired property of the

defendant No.1 and plaintiff and other defendants

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have no right over the suit schedule property and

sought to dismiss the suit.

9.

The defendant Nos.2 and 3 filed common

written statement admitting the entire case of the

plaintiff.

10. On basis of the pleadings, the trail Court

framed following issues:

1. Whether the plaintiff proves that the suit

schedule properties are the self acquired

properties of deceased Nagayya?

2. Whether the defendant No.1 proves that

the suit schedule 'C' property is his self

acquired property?

3.. Whether the defendant No.1 proves that

the suit is not properly valued and Court

fee paid is insufficient?

4. Whether the plaintiff is entitled for the

relief of particular as claimed?

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5. What order of decree?

11. In order to substantiate, plaintiff examined

himself as P.W.1 and examined two witnesses as

P.W.2 and P.W.3 and got marked Ex.P.1 to Ex.P.19.

Defendant examined himself as D.W.1 and examined

one witness as D.W.2 and got marked Ex.D.1 and to

Exs.P.40.

12. Trial Court on the basis of