Shasidhar VERSUS Smt. Ashwini Uma Mathad

IN THE SUPREME COURT OF INDIA

CIVIL APPELALTE JURISDICTION

CIVIL APPEAL No. 324 OF 2015

(ARISING OUT OF SLP(C) No.14024/2013)

Shasidhar & Others Appellant(s)

VERSUS

Smt. Ashwini Uma Mathad & Anr. Respondent(s)

 

One Basavantayya Revanayya Mathad was married to Shantakka Mathad (defendant no. 2).Out of this wedlock, three children were born – one son Shashidhar (defendant no.1) and two daughters – Rajeshwari (Died in 2003) and -Gayatri (Died in 2004) – defendant no.3.Shashidhar was married to Uma and out of this wedlock, three daughters were born – Ashwini (plaintiff no. 1), Nivedita (plaintiff no.2) and Puja who was given in adoption to Uma’s sister. Shashidhar divorced to Uma and re-married to Manjula (defendant no.4). Out of this second marriage, two daughters were born – Aishwarya(defendant no.5) and Vaishnavi (defendant no.6). Basavantayya had extensive properties. On 21.07.1991, Basavantayya died leaving behind him the aforementioned members of his family. Onhis death and also on the death of his one unmarried daughter Rajeshwari, disputes arose between his legal representatives regarding their respective shares in the properties and also regarding ownership of some members of his family in relation to certain properties standing in the name of members of his family. The disputes unfortunately could not be settled amicably which led to filing of civil suit by the daughters of defendant No.1 from his first wife-Uma (deceased) against the other members of the family, i.e., their father, step-mother and step-sisters for determination of their respective shares, partition by meets and bounds and separate possession in the suit properties held and possessed by the members of the family of late Basavantayya . The defendants contested the civil suit by denying the plaintiffs’ claim. The trial Court framed issues. Parties adduced evidence….read more