The following Genealogical Tree would be necessary to appreciate the dispute between the parties GENEALOGICAL TREE Sonnappa Defendant No.
PW 6 was examined to prove the age of the deceased Hanumanthappa.
Sonnamma, Kenchamma and Lakshmamma have been brought on record as legal heirs of defendant No.
2 Gowramma Rajappa Naryanaswamy Def No.
On the other hand, the plaintiff in her statement stated her age as 15 years at the time of marriage.
The plaintiff was about 14 years of age at the time of death of Hanumanthappa and that she was number fit for marriage.
1 a Def No.1 b Def No.1 c Sujathamma is the daughter of Muniyappa and Sonnamma Son Venkatarayappa Rathnamma dead Def No.
Hanumanthappa died on 15th October, 1986.
Both sets of parties went in appeal.
Even he was number in position to marry or to give companysent for marriage since 6 years and never marriage of the plaintiff with late Hanumanthappa had been taken place.
P/28 was taken in Malur after performing marriage in Sub Registrars office.
Defendant No.
The parties went to trial with one of the issues being whether the plaintiff is wife of late Hanumanthappa.
The claim of the plaintiff is that she is entitled to the share of the estate of Sonnappa, as wife of deceased Hanumanthappa.
The witnesses examined by the plaintiff have deposed that the marriage was registered on the said date.
P/30 , the date of birth of Hanumanthappa is 20 th June, 1966, that makes him 19 years 9 months at the time of his marriage.
PW 7 to PW 9 are the daughters of deceased defendant No.
As per the plaintiff, an agreement of marriage was registered on 7 th March, 1986.
The daughter of the first defendant was married to the father of the plaintiff.
1 Son Daughter Daughter Daughter Hanumanthappa Sonnamma Kenchamma Lakshmamma dead Def No.
4 Def No.
It was pleaded as under The plaintiff is number entitled to any reliefs.
However, the defendants have produced Ex.
The plaintiff Sujathamma, maternal grand daughter of Sonnappa, claims to have married Hanumanthappa on 7th March, 1986.
It is the said assertion which was accepted by the First Appellate Court and maintained by the High Court.
Even as on the date of the death of said Hanumanthappa, the said plaintiff was aged about 14 years.
5 Note Sujathamma claims to be married to Hanumanthappa.
3 Def No.
Admittedly, Hanumanthappa died on 15 th October, 1986 i.e. within eight months of the alleged marriage.
It was asserted that if any document is produced by the plaintiff to show that she was married, it is a companycocted one.
The true facts of the case are that the plaintiff is grand daughter of first defendant and the plaintiffs mother, first defendant and plaintiff companyluded with each other and they have filed this suit in order to grab the properties, the plaintiff is number at all wife of the said late Hanumanthappa.
As per the birth certificate Ex.
D/3, Register of Admission of the School, by companyfronting PW 6, Headmaster of the School.
Even the said Hanumanthappa was also suffering from Juvenile Diabetes Mellitus companya, Cardio respiratory arrest and such other symptoms.
2 to 5 denied the allegations of the plaintiff.
By way of a separate written statement, defendant Nos.
The plaintiff filed the civil suit with the assertion that the parties are related to each other as members of joint Hindu Undivided Family.
To prove the said issue, the plaintiff examined herself as PW 1.
As per Ex.
The stand of the defendants is that the father of the plaintiff managed to obtain signatures of the first defendant by way of malafide practices and that the first defendant never companysented for the marriage of his second son Hanumanthappa as he was suffering from juvenile diabetes mellitus companya, cardio respiratory arrest and such other symptoms.
PW 2 is the father of the plaintiff whereas PW 3 to PW 5 are the witnesses of an agreement to marriage dated 7th March, 1986, who were examined to prove plaintiffs marriage with Hanumanthappa.
1 Sonnappa died during the pendency of the suit leaving behind two sons Venkatarayappa and predeceased son Hanumanthappa and three daughters Sonnamma, Kenchamma and Lakshmamma.
D/3, the plaintiff was born on 5 th June, 1975.
2 to 5 are entitled to 1/3rd share of the total scheduled property.
HEMANT GUPTA, J. Defendant No.2, defendant No.5 and legal heirs of defendant No.4 are in appeal aggrieved against the judgment passed by High Court of Karnataka on 3rd April, 2008 dismissing their second appeal maintaining the judgment and decree passed by the First Appellate Court on 2nd July, 2005 whereby the suit for partition filed by plaintiff Sujathamma was decreed.
