RAMESH Vs. SOMAVVA

JUDGEMENT

(1.) Challenging impugned judgment and decree dtd. 29/7/2013 passed by Additional District and Sessions Judge, Gadag (for short, "first appellate Court") in R.A.no.103/2010 and judgment and decree dtd. 8/11/2010 passed by Principal Senior Civil Judge and CJM, Gadag (for short "trial Court") in O.S.no.29/2006, this appeal is filed.

(2.) Appellants herein were defendants no.1 to 4, while respondents no.1 to 4 herein were plaintiffs no.1 to 4 and respondent no.5 herein was defendant no.5 in original suit. For sake of convenience, they will be referred to by their rank in original suit.

(3.) This second appeal is filed by defendants no.1 to 4 challenging judgment and decree passed by trial Court decreeing plaintiffs suit for partition and separate possession in respect of suit properties belonging to propositus Gurunathappa, after dismissal of their first appeal. This appeal was admitted on 16/11/2016 to consider following substantial question of law: