PILLAMMA W/O MUNIYAPPA Vs. SMT. BHAGYALAKSHMI

JUDGEMENT

(1.) THE 2nd and 3rd defendants are in appeal challenging the judgment and decree passed by the XXXVIII Addl. Civil Judge, Bangalore in OS 3368/1999 on 12.2.2009.

(2.) PLAINTIFF had filed a suit against the defendants for relief of partition and separate possession i.e., half share in the suit schedule property and for mesne profits. The suit was contested. After inquiry, the trial court decreed the suit of the plaintiff in part and ordered for separate possession i.e., half share in items 1 and 2 and also ordered for mesne profits in the suit properties. Against the said order, appeal is filed by the 2nd and 3rd defendants.

(3.) IT is stated, 1st respondent/plaintiff has executed a deed of confirmation confirming the right, title and interest in respect of the entire first item of the suit properly in favour of the appellants herein and the Deed of Confirmation dated 27.8.2011 is registered in the office of the Sub -Registrar, Ganganagar, Bangalore. The appellants and the 1st respondent submit that in view of the Confirmation Deed executed by the 1st respondent, the appellant would become the absolute owner of the entire first item of the schedule property which they have purchased from the 2nd respondent as such, they are the absolute owners.