SEETHARAMA SHETTY Vs. LAKSHMI

JUDGEMENT

(1.) Sri.K.Chandranath Ariga., learned counsel for appellant and Sri.G.Balakrishna Shastry., learned counsel for respondent have appeared in person.

(2.) This is an appeal from the Court of Principal Senior Civil Judge & CJM, Mangaluru, D.K.

(3.) The suit was filed in O.S.No.166/2012 for the relief of Partition. The suit came to be decreed on 21/1/2012 and it was declared that the petitioner/ appellant is entitled for half share in the suit schedule properties and also half share in the mesne profits derived out of the improvements in the schedule "A" properties. A preliminary Decree was drawn. The respondent initiated Final Decree Proceedings in No.22/2013 on the file of Prl. Civil Judge & JMFC, Mangaluru, D.K. The FDP No.22/2013 came to be allowed vide order dtd.:18/11/2015. Aggrieved by the order passed in the Final Decree Proceedings, the appellant preferred an appeal in R.A.No.5/2016 on the file of Principal Senior Civil Judge & CJM, Mangaluru, D.K. On appeal, the First Appellate Court dismissed the appeal and confirmed the order passed in the Final Decree Proceedings. Hence, this Regular Second Appeal is filed under Sec. 100 of CPC.