VENKAMMA Vs. KUSHALA

JUDGEMENT

(1.) The defendants have preferred this second appeal being aggrieved by the impugned judgment and decree dtd. 6/11/2012 passed in R.A.No.6/2008 on the file of the learned Senior Civil Judge and JMFC, Belthangady, Dakshina Kannada (hereinafter referred to as 'the First Appellate Court' for brevity), wherein, the appeal preferred by the plaintiffrespondent No.1 herein was allowed with costs and judgment and decree dtd. 1/12/2007 passed by the learned Civil Judge (Jr.Dn) & JMFC, Belthangady, Dakshina Kannada (hereinafter referred to as 'the trial Court' for brevity) in O.S.No.34/2001 was set aside. The suit of the plaintiff was decreed with costs and it was held that the plaintiff is entitled for 1/6th share in the schedule property and a separate enquiry is ordered regarding future mesne profit.

(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 the plaintiff filed the suit before the trial Court in O.S.No.34/2001 against defendant Nos.1 to 6 seeking partition of plaint schedule properties i.e., 'A' schedule properties into seven equal shares by metes and bounds and to allot one such share to the plaintiff and for mesne profit and costs. The schedule 'A' properties appended to the plaint describes ten items of agricultural properties i.e., various sub-divisions in Sy.Nos.360 and 361.