LAKKAVVA Vs. MAL L IKARJUN

JUDGEMENT

(1.) PRESENT appeal is f i led under Section 96 of CPC challenging the judgment and decree passed in O.S.No.207/2005, which was pending on the file of the Court of Additional Senior Civi l Judge, Gokak, Belgaum District.

(2.) SUIT f i led for the reliefs of partition and separate possession has been dismissed by a considered judgment dated 20.06.2007. This is an appeal by the plaintiffs of the said suit. Respondents herein are the defendants in the said suit. Parties wil l be referred to as plaintiffs and defendants as per their ranking given in the trial Court.

(3.) SUIT had been filed for the reliefs of partition and separate possession in respect of 3.04 acres of land in survey No.986/11 and 2.37 acres in survey No.986/10 of Maladinni vi l lage in Gokak Taluk. Plaintiff had claimed 1/3rd share in these two properties. The facts leading to the fil ing of the suit for partition and separate possession claiming 1/3rd share is as fol lows: