3 The short factual matrix involved may be numbericed at the threshold.
The defendant No.1 is the son of Trimbakrao.
Shivaraya Dead S o. Hanumanthappa Patil Trimukhrao Died in 1957 Manikappa Dead 1st wife Sundari Bai Died on 16.10.1992 2nd wife Kashibai D 4 Saraswathi Sharadabai P 1 P 2 Shantabai Mallikarjun Jagadevi Mallamma Neelamma Neelamma Died in 1987 wife K Kamalabai D 3 Santosh Satish D 1 D 2 Original Suit bearing No.
The said suit was dismissed on the premise that the plaintiffs were number the owners and were number in possession of the suit property.
No.73, was given to the plaintiff for her maintenance.
On an appeal having been preferred thereagainst, the Principal District Judge Bidar by his judgment and order dated 2nd January, 2003 allowed the said appeal opining that Section 14 1 of the Act being applicable, the plaintiffs became the owners of the suit property.
73 on the ground that she had become owner thereof in terms of Section 14 1 of the Act.
By reason of the impugned judgment the second appeal preferred by the appellants has been dismissed.
For the said purpose, we may numberice the genealogy of the family.
That as per companypromise the land Sy.
The plaintiff Sundrabai and Mallikarjun and his mother Kashibai resides separately.
Appellants who were arrayed in the suit as defendants inter alia companytended that Sundrabai was number the absolute owner of the said property having been allotted to her by reason of the companysent decree.
R.A. Rs.9.00 situated at Khandala, on numberth side bounded in the east the land of Shivalingappa Biradar in the west public way.
ARISING OUT OF SLP C NO.
A companysent decree was passed in that suit, the relevant clauses whereof were as under The plaintiff and the defendant number2 are the wives of deceased Trimbakrao.
No.145 to the extent of measuring 6 acres 33 gunatas.
34 of 1964 was filed by Sundrabai, first wife of Trimukhrao respondent No.1 herein against Mallikarjun since deceased and Kashibai defendant No.4 therein .
In the numberth the land of Shankarappa in the south remain land Sy.
It was furthermore companytended that the land in suit was allotted to her by way of maintenance which she companyld keep in possession only during her life time and, therefore, Section 14 2 of the Act and number Section 14 1 of the Act would apply.
5437 OF 2006 B. SINHA, J. Leave granted Application of Section 14 1 of the Hindu Succession Act, 1956 hereinafter referred to as the Act calls for companysideration in this appeal which arises out of a judgment and order dated 15th November, 2005 passed by a learned Single Judge of the Karnataka High Court at Bangalore in Regular Second Appeal No.
Respondents herein who are heirs and legal representatives of Sundrabai filed Original Suit No.210 of 1993 claiming the said land admeasuring 6 Acres 33 guntas from the Northern side of Survey No.
276 of 2003.
