S K RATHNAMMA Vs. SHANTAMMA

JUDGEMENT

(1.) The appellants/plaintiffs have preferred this appeal being aggrieved by the judgment and decree dtd. 24/7/2019 passed in O.S.No.774/2014 on the file of the learned III Additional Civil Judge and JMFC, Shivamogga, (hereinafter referred to as the 'trial Court' for brevity), dismissing the suit of the plaintiffs for partition and separate possession and to declare that the registered partition deed dtd. 19/8/1998 is created and not binding on the plaintiffs' share, which was confirmed in R.A.No.108/2019 on the file of the learned I Additional Senior Civil Judge and CJM, Shivamogga (hereinafter referred to as the 'First Appellate Court' for brevity) vide judgment and decree ydtd. 24/11/2020.

(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, the plaintiffs filed the suit O.S.No.774/2014 against defendant Nos.1 to 5 for partition and separate possession of the Schedule Property. The Schedule appended to the plaint refers to the agricultural land, measuring 6 acres in Sy.No.107/1, situated at Santhekadur Village, Nidige Hobli, Shivamogga Taluk with the boundaries mentioned therein.