SHAMRAO SHANAKR NAIK Vs. SHEVANTA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the legal representatives of defendant No.1, challenging the Judgment and Decree dtd. 14/7/2016 in Regular Appeal No.3 of 2013 on the file of the Senior Civil Judge and JMFC, Raibagh, confirming the Judgment and Decree dtd. 13/12/2012 in Original Suit No.144 of 2005 on the file of Additional Civil Judge and JMFC, Raibag, decreeing the suit in part.

(2.) For the sake of convenience, the parties in this Appeal are referred to with their status and rank before the trial Court.

(3.) It is the case of the plaintiff that the grandfather of the plaintiff-Appanna had three sons and six daughters. Plaintiffs are the children of Annappa-the first son of Appanna. It is the case of plaintiffs that plaintiffs and defendants are in joint possession in respect of the suit schedule property and there is no partition and separate possession by metes and bounds between the plaintiffs and defendants and as the original propositusAnnappa died on 18/4/1971, the plaintiffs are entitled for share in the suit schedule property. Accordingly, the plaintiffs have filed suit in OS No.144 of 2005, seeking relief of partition and separate possession in respect of the suit schedule property.