VASUDEV NARAYAN NAIK Vs. MAHADEV HAMMANNA NAIK

JUDGEMENT

(1.) This appeal is by first defendant in O.S.No.37/1981 on the file of the Munsiff, Ankola, challenging the divergent finding recorded by the First Appellate Court.

(2.) The plaintiff has sought for partition and separate possession of 6/10th share in the suit schedule properties and sought a declaration that the defendant No.1 is not the adopted son of the deceased Vasu. The First Appellate Court has allowed the appeal and consequently, granted the relief of declaration as well as the partition.

(3.) This appeal was admitted on 20/3/2014, to answer the following substantial question of law: