BENCH AT DHARWAD
SMT. DUNDAWWA S/O LAXMAN MUDHOL – Appellant
Versus
SMT. GANGAWWA W/O RAVI KANAGAR – Respondent
This appeal is filed under section 96 read with Order
41 of the Code of Civil Procedure, 1908, by the plaintiff in
O.S.No.39/2016, challenging the judgment and decree
dated 28.04.2018, passed by the Prl. Senior Civil Judge
and JMFC, Mudhol, whereby the suit filed by the plaintiff is
dismissed.
For the sake of convenience, parties are
referred as per their ranking before the Trial Court.
The case of the plaintiff is that, Kariyappa Pujari
is the propositus, he died on 11.05.2003. His wife
Gangawwa died on 09.12.2007 leaving behind Gadigeppa,
Siddappa and Dundawwa, the plaintiff. Defendants No.1 to
3 are children of Gadigeppa. Further case of the plaintiff is
that, suit schedule properties are the joint family
properties. The plaintiff and the defendants are the
- 3 -
members of joint family. Since the plaintiff has a share in
the suit schedule properties, she demanded her share on
01.03.2016. The defendants denied her share. Hence she
has filed a suit for partition and separate possession.
Defendants No.1 to 3 appeared through counsel and filed
a common written statement, wherein they have denied
the relationship between the plaintiff and defendants. They
have also denied that t
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