ORAL JUDGMENT

(PER: THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This Regular First Appeal is filed by the plaintiff challenging the judgment and decree dated 18.08.2017 passed in O.S.No.181/2013 on the file of Senior Civil Judge and JMFC, Raibag (for short, ‘Trial Court’), thereby, the suit filed for partition and separate possession is dismissed.

2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court.

3. The plaintiff has filed the suit for partition and separate possession by metes and bounds for claiming 1 ½ share by pleading that the suit schedule properties are the joint family properties.

4. The genealogy of the plaintiff and defendants family are as under:

5. According to the plaintiff, one Basagouda Gurulingappa Takkannavar was the original propositus, who died on 07.05.1984. His wife, Tangewwa, has also passed away. They had two children, namely Kallawwa and plaintiff i.e., Mallawwa. Kallawwa died, leaving behind five children, who have been arrayed as Defendant Nos.1 to 5. It is pleaded that the alleged adoption of a son by Defendant No.1, claimed to be the adopted son of Basagouda and Tangewwa, is ill