V GIRISH KUMAR Vs. R HEMAVATHI

JUDGEMENT

(1.) The plaintiff in O.S.No.4256/1996 on the file of the learned I Additional City Civil and Sessions Judge, Bengaluru City, (CCH No.2) (hereinafter referred to as 'the trial Court' for brevity), is impugning the judgment and decree dtd. 21/3/2011, dismissing the suit and rejecting the claim for partition and separate possession of Schedule 'A' to 'C' Properties by allotting 1/5th share in his favour by metes and bounds, to restrain defendant Nos.1 and 2 from alienating the Schedule Properties in favour of any third parties and for mesne profits.

(2.) For the purpose of convenience, parties are referred to as per their rank before the trial Court.

(3.) Brief facts of the case are that, the plaintiff filed the suit O.S.No.4256/1996 before the trial Court against defendant Nos.1 to 6 for partition and separate possession of his 1/5th share in the Schedule Properties by metes and bounds, for mesne profits and also for permanent injunction restraining defendant Nos.1 and 2 from alienating the Schedule properties. Schedule 'A' appended to the plaint describes the property bearing No.9, situated at Sunkalpet Main Road, Bengaluru, measuring East to West 14.11 feet and North to South 19.9 feet with the boundaries mentioned therein. Schedule 'B' describes the house property bearing No.6, situated at II Main, Weavers Colony, Ganganagar, Bengaluru along with the jewellery, steel and wooden items and Schedule 'C' describes the textile machineries kept in the premises forming the rear portion of Schedule 'A', along with five power looms with dobby, 5 fern windings and 16 spindle windings machineries.