THIMMEGOWDA Vs. CHELUVEGOWDA

JUDGEMENT

(1.) This is a second appeal filed by the first defendant.

(2.) It is not in dispute that the plaintiff - Cheluvegowda and defendant Nos. 1 to 3 are brothers and are sons of late Narasimhegowda alias Kullegowda.

(3.) The suit was instituted for partition contending that the suit schedule property was joint family property of plaintiff and defendant Nos. 1 to 3 and the first defendant being the kartha of joint family, was managing and looking after the suit schedule property. It was stated that earlier Narasimhegowda, the father of the plaintiff and defendant Nos. 1 to 3 was in possession and enjoyment of the suit schedule property and that there had been no partition despite a request being made in that regard.