The defendants in O.S. No. 468/2006 on the file of the

learned Civil Judge (Sr. Dn.), Belgaum (hereinafter referred to

as the trial Court), are impugning the judgment and decree

dated 28.06.2013 decreeing the suit of the plaintiff with costs,

declaring that plaintiff No.2 is entitled for 1/3rd share in the

suit house property and also in the gratuity and provident fund

left behind by late Sri Prakash Sabnis.

Parties shall be referred to as per their ranking before the

trial Court.

Brief facts of the case are that plaintiff nos.1 and 2 filed

the O.S. No. 468/2006 against defendant nos.1 to 6 seeking

partition and separate possession of the schedule properties by

allotting their 1/3rd share by metes and bounds. It is the

contention of the plaintiffs that the house property bearing No.

14 in R.S. No. 678/1/2/3 situated at Subhashchandra Nagar,

Angol, Belgaum and the amount of Rs.11,26,264.84 which is in

Maharashtra Bank, Tilakwadi branch, Belgaum, were the

properties of Prakash Sabnis who is the propositor of the family

of plaintiffs and defendants. Plaintiff No.1 is the legally wedded

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wife of the propositor Prakash Sabnis, while plaintiff No.2 is her

daughter. Later the said Prakash Sabnis married another lady

during the subsistence of the first marriage and begotten

defendant nos.1 to 4 through the second wife. The propositor

Prakash Sabnis died on 15.12.2005, leaving behind the

plaintiffs and defendant nos.1 to 4 as his legal heirs. The

house in question was constructed by him and he is the

absolute owner of the properties. The deceased was an

employee of Maharashtra Bank and was working as a Cashier in

Tilakwadi branch at the time of his death. He opted for his

terminal benefits. He was having the account and the fixed

deposits in the said bank. Defendant nos.5 and 6 were not

ready to furnish the details of the amount in the account of

deceased Prakash Sabnis. Therefore, they are also arrayed as

defendants.

The plaintiffs also stated that they got information

through Right To Information Act from defendant Nos.5 and 6

about the amount that is lying in Maharashtra Bank, Belgaum

and amended the plaint in which they are entitled for 1/3rd

share. Accordingly, prayed for decreeing the suit. During the

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pendency of the suit, plaintiff No.1 died leaving behind plaintiff

No.2 as her only legal representative.

Defendant Nos.1 to 4 have filed their written statement

denying the contentions taken by the plaintiffs in the plaint.

The description of the properties in the plaint are also denied.

It is contended that late Prakash Sabnis was never the owner of

the property at any point of time. The description of the

property described in para no. 1(b) is vague and the same

cannot be taken into consideration. The marriage of Prakash

Sabnis with plaintiff No.1 and that he begotten the plaintiff

No.2 are denied. It is contended that late Prakash Sabnis

never constructed any house as contended by the plaintiff and

therefore there is no question of the plaintiffs inheriting the

same. It is admitted that Prakash Sabnis was working as

Cashier in Maharashtra Bank, Belgaum but denied the other

contention of the plaintiffs. It is also denied that plaintiffs are

in joint possession and enjoyment of the property. It is stated

that there is no cause of action for the plaintiff to file and

maintain the suit. It is contended that Prakash Sabnis died on

11.12.2005. He had executed the Will dated 10.01.2005

bequeathing the house he had constructed by availing loan

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from his bank in favour of his wife Shubhangi during her

lifetime and thereafter to the absolute share of defendant nos.1

and 2. It is defendant No.1 alone who is entitled for the

gratuity and Provident Fund as per the recitals found in the

Will. Therefore, the defendants prayed for dismissal of the suit.

The additional written statement was also filed by

defendant nos.1 to 4 stating about availing of the loan by

Prakash Sabnis from various b