(1.) Defendant Nos.2, 4 and 8 are before this Court being aggrieved by the impugned judgment and decree dtd. 24/8/2004 passed in O.S.No.289/1995 on the file of the learned Principal Civil Judge (Jr.Dn.) & JMFC, Anekal (hereinafter referred to as 'the trial Court' for brevity), decreeing the suit of the plaintiffs in part and declaring that the plaintiffs and defendants are entitled for share in the schedule properties, which was confirmed vide judgment dtd. 20/8/2009 in R.A.No.83/2006 on the file of the learned Civil Judge (Sr.Dn.) & JMFC, Anekal (hereinafter referred to as 'First Appellate Court' for brevity).
(2.) For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.
(3.) Brief facts of the case are that plaintiff-Smt. Munichowdamma (for short 'plaintiff') filed suit O.S.No.289/1995 against defendant Nos.1 to 8, seeking partition and separate possession of her 1/6th share over the schedule properties and also for mesne profits. In all ten items of the properties were described along with the boundaries in the schedule appended to the plaint. It is contended that the plaintiff is the daughter of defendant No.1- Nyathareddy and defendant No.2 is his son. It is stated that the land bearing Sy.No.81 belongs to the family of the plaintiff and at the time of her marriage, defendant Nos.1 and 2 have promised to give the said property to the plaintiff towards 'Arishina Kunkuma' during division of the properties. Defendant Nos.1 and 2 have jointly executed a family arrangement but styled as gift deed. The plaintiff was put in possession of the said property and thus she is cultivating the said land.