P. ANJANAPPA Vs. A.P. NANJUNDAPPA

JUDGEMENT

(1.) The present civil appeal arises from the final judgment and decree dtd. 30/8/2005 passed by the High Court of Karnataka at Bengaluru in Regular First Appeal No. 750 of 1994 (hereinafter, "impugned judgment"), whereby the High Court dismissed the appeal and affirmed the judgment and preliminary decree dtd. 19/8/1994 rendered by the Principal Civil Judge, Bangalore Rural District, in Original Suit No. 146 of 1987 decreeing a suit for partition and separate possession of the suit schedule properties. The appellants before this Court are the legal heirs of late P. Anjanappa, who was arrayed as defendant no. 5 before the Trial Court, and for ease of reference the parties shall hereinafter be described by their status before the Trial Court, with the appellants being referred to as defendant no. 5.

(2.) The facts giving rise to the present case are set out hereafter.

(3.) The Trial Court, upon consideration of the pleadings and evidence, decreed the suit for partition and separate possession by a preliminary decree dtd. 19/8/1994. The Trial Court's decision was based on the following reasons: