SATHYA NARAYANA RAO Vs. R. VITTAL RAO

JUDGEMENT

(1.) THIS is an appeal filed by the plaintiffs of an original suit bearing O.S. No. 157/2009 which was pending on the file of the Court of Principal Senior Civil Judge & CJM, Ramanagaram. Suit filed for the relief of partition and separate possession of 1/5th share each out of the half share of late Krishnoji Rao has been dismissed after contest. Hence, the present appeal is filed under Section 96 of CPC challenging the same on various grounds.

(2.) THE property in respect of which suit had been filed for the reliefs of partition and separate possession measures about 2 acres of land in new Sy. No. 105 carved out of old Sy. No. 29/6 of Devarakagalahalli, Harohalli Hobli, Kanakapura Taluk. Respondents 1 to 10 herein were the defendants in the said suit. Parties will be referred to as Plaintiffs 1 to 5 and defendants 1 to 10 as per their ranking given in the Trial Court.

(3.) FIRST defendant who is the paternal uncle of the plaintiffs has filed written statement virtually sailing with the plaintiffs requesting the Court to grant half share in respect of the suit schedule property in his favour and has averred that he would be ready and willing to pay the requisite Court fee pertaining to his share.