JAYAMMA Vs. NAGARATHNAMMA

JUDGEMENT

(1.) Plaintiff Nos.1 to 4 have preferred this appeal being aggrieved by the judgment and decree dtd. 19/4/2017 passed in O.S No.1454/2006 on the file of the learned IV Additional Senior Civil Judge, Mysuru (hereinafter referred to as 'trial Court' for brevity), dismissing the suit of the plaintiffs for partition and separate possession of the suit schedule property with cost, which was confirmed in R.A.No.176/2017 on the file of the learned VII Additional District Judge, Mysuru (hereinafter referred to as 'First Appellate Court' for brevity) vide judgment dtd. 5/7/2018.

(2.) For the sake of convenience, parties are referred to as per their status and rank before the Trial Court.

(3.) Brief facts of the case are that, plaintiff Nos.1 to 4 have filed the suit O.S No.1454/2006 before the Trial Court against defendant Nos.1 to 4 seeking partition and separate possession of their 1/3 share in the schedule properties, to render account and for mesne profits. Ten agricultural properties are described in the schedule appended to the plaint. During the pendency of the suit, defendant Nos.5 to 17 were impleaded and suit schedule properties i.e., item Nos.11 to 15 were also included.