NAGARAJU Vs. K.SHIVAMALLAIAH

JUDGEMENT

(1.) Challenging judgment and decree dtd. 1/3/2014 passed by Senior Civil Judge and JMFC., Malavalli in R.A. no.28/2012 and judgment and decree dtd. 10/8/2012 passed by Principal Civil Judge, Malavalli in O.S.no.142/2009, this appeal is filed.

(2.) Appellant herein was plaintiff in original suit and appellant in first appeal. While, respondents herein were defendants no.1 and 2 in suit and respondents no.1 and 2 in first appeal. For sake of convenience parties shall hereinafter be referred to as per their ranks in original suit.

(3.) O.S. no.142/2009 was filed by plaintiff seeking relief of partition and separate possession of plaintiffs 1/3rd share in immovable property bearing Sy.no.370/P80 measuring 04 acres 19 guntas (including 20 guntas of kharab) situated at Belakavadi village, B.G. Pura Hobli, Malavalli Taluk, Mandya District (hereinafter referred to as 'suit property').