M R LAXMANA DEAD Vs. GOVINDAPPA

JUDGEMENT

(1.) THE defendants in O. S. No. 20/1981 on the file of the Civil Judge (Junior Division), at Tarikere, are in second appeal before this Court.

(2.) THE suit was one for declaration, partition and separate possession of the suit schedule property. The parties are related and the plaint averments were that they constituted members of a joint family. The suit had been resisted by the defendants setting up of a prior partition by way of defence. However, the Trial Court decreed the suit and declared that the plaintiff was entitled to half share in the property by partition and separate possession of the same.

(3.) THE aggrieved defendants had appealed to the Court of additional District Judge, at Chikkamagalore, in R. A. No. 42/1989. That appeal came to be dismissed vide judgment and decree dated 1. 4. 1999.