1.

Akkemma,

Pillamma

and

Rathnamma,

the

daughters of Kalappa along with their brother-in-law

Ramappa

(husband

of

their

elder

sister—

Doddabasamma) instituted a suit for partition against,

Bhagyamma, their sister-in-law (wife of their brother

Madavarayappa), contending that the suit properties

were the joint family properties of the plaintiffs and the

husband of defendant No.1, and on the death of

Kalappa, they succeeded to the said properties and that

they were entitled to 1/3^rd share.

2.

The suit was resisted by the sister-in-law i.e.,

defendant No.1 on the ground that the suit schedule

properties belong to her husband Madavarayappa, and

she had sold some of the properties to discharge the

loans. She stated that the purchasers had not been

made parties and the plaintiffs had, in fact, expressed

willingness to execute release deed and relinquish their

rights and the plaintiffs along with their elder sister—

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Doddabasamma had, in fact, received a sum of

Rs.20,000/- and executed a relinquishment deed on

27.10.1996 and in view of the relinquishment, the suit

for partition was liable to be dismissed.

3.

The Trial Court on consideration of the evidence

adduced before it, recorded a finding that the suit

schedule properties were the ancestral and joint family

properties of the plaintiffs and the husband of defendant

No.1, and the plaintiffs were entitled to 1/10^th share

each in suit schedule item Nos.1 to 3, 5 to 7, 11 and 12.

The Trial Court allotted 6/10^th share to the husband of

defendant No.1/Madavarayappa.

4.

The decree passed in favour of the plaintiffs was

accepted by them inasmuch as no appeal was preferred.

However, the wife and children of B.K.Madavarayappa

i.e., defendant Nos.1 and 16 to 19, preferred an appeal.

5.

The Appellate Court, on re-appreciation of the

evidence on record, came to the conclusion that the

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findings of the Trial Court that the plaintiffs have proved

that suit schedule item Nos.1 to 3, 5 to 7, 11 to 12 were

proved to be the joint family properties of the plaintiffs,

defendant No.1 and 16 to 19, and the Trial Court was

justified in granting a share to the plaintiffs. The

Appellate Court, however, came to the conclusion that

the plaintiffs had failed to prove that the suit item

Nos.14 to 19 were not the joint family properties. The

Appellate Court accordingly dismissed the appeal.

6.

The Appellate Court while dismissing the appeal

also stated that the plaintiffs were at liberty to seek for

modification of their shares allotted to them, in view of

the decision of the Hon’ble Supreme Court in the case of

Vineeta Sharma vs. Rakesh Sharma and others,

[(2020) 9 SCC 1] (‘Vineeta Sharma’), during the

course of final decree proceedings.

7.

It is against these concurrent findings, the present

second appeal has been preferred.

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8.

Both the Courts have recorded a finding of fact that

the suit schedule properties were the coparcenery

properties and the plaintiffs, by virtue of being daughters

of Kalappa, were entitled to a share. The Appellate

Court, in fact, while dismissing the appeal of defendant

Nos.1 and 16 to 19, has also observed that the plaintiffs

would be at liberty to seek for modification of their

shares in the light of the judgment of the Hon’ble Apex

Court in the case of Vineeta Sharma.

9.

In the light of the admitted relationship between

the parties and the fact that the suit schedule item Nos.1

to 3, 5 to 7, 11 to 12 have been found to be joint family

properties, by virtue of the judgment in the case of

Vineeta Sharma, the share of the daughters cannot be

denied. There is thus, absolutely, no question of law

much less a substantial question of law involved in this

second appeal.

10.

However, the learned counsel for the appellants

submitted that as pleaded in the written statement, the

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plaintiffs had executed a relinquishment deed and the

same has now been produced in this appeal along with

an application under Order XLI Rule 27 of the Code of

Civil Procedure, 1908.

11.

Admittedly, the relinqu