SOMAPPA Vs. SAROJAMMA

JUDGEMENT

(1.) THE second defendant in O.S.86/99 on the file of the Civil Judge, Arakalgud, aggrieved by the judgment and decree dated 25 -11 -2002 preferred R.A.157/08 jointly along with other defendants which when dismissed by judgment and decree dated 30th August, 2010 of the Fast Track Court, Arakalgud, has led to this second appeal.

(2.) APPELLANT along with his widowed mother and siblings, none other than 5th respondent brother and respondents 6 and 7 being sisters, when arrayed as defendants in O.S.86/99 instituted by the widow and two children of the deceased sibling by name Shivananda, for declaration, partition and separate possession of the suit schedule properties, allegedly ancestral properties, resisted the suit by alleging prior partition under a unregistered partition deed dated 10 -2 -1995 (Ex.D1). The trial court, in terms of the pleadings of the parties, framed 5 issues:

(3.) THE lower appellate court having re -apprised the evidence, concurred with the findings of the trial court and dismissed the appeal by order dated 30 -8 -2010.