SHIVAPPA RAMAPPA MAREGONDRA Vs. RAMAPA CHANDRAPPA MAREGOUNDRA

JUDGEMENT

(1.) This is a plaintiffs second appeal against the judgment and decree of the lower appellate Court, which has decreed the suit of the plaintiffs for partition and separate possession granting half share to the plaintiffs and the defendants.

(2.) For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) The subject matter of the suit is, the land bearing Sy.No.210/3 measuring 27 guntas situated in Betakerur village, Hirekerur Taluk, Dharwad District now Haveri District. Initially, the plaintiffs had filed a suit for declaration claiming 2/3rd share in the suit schedule property. On 24.08.1982 he sought for an amendment converting the suit for declaration of title into the suit for partition and separate possession of his 2/3rd share in the plaint schedule property.