(1.) Plaintiffs of an original suit bearing O.S.No.16/1997 which was pending on the file of the Court of Civil Judge (Sr.Dn.), Ranebennur. Plaintiffs are before this Court challenging the judgment and decree dated 17.11.2004 insofar as it relates to the rejection of her plea for partition and possession and in respect of red tiled roof measuring East-West 171/2 feet and North-South 26 feet 3 inch in CTS No.2664 and Survey No.23b measuring about 7 guntas.
(2.) These two properties in question have been purchased by defendant No.3 Honnappa in the suit from defendant No.2 Nagappa. Respondent No.1 Ajjappa is defendant No.1 in the said suit. Respondent No.2 is defendant No.2 in the said suit. Respondent No.3 Honnappa is the purchaser of these two items. Appellants are plaintiff in the said suit. Parties will be referred to as plaintiffs and defendants as per their ranking given in the trial Court.
(3.) Schedule 'A' property consists to a house bearing No.CTS 2325 measuring 192 sq mtrs situated in Ranebennur Town and the same is clearly described in item No.1. Item No.2 schedule 'A' property bearing CTS No.2664-A i.e South part property bearing 2664-A measuring in all East-West 5.3 feet, North South 26.3 feet. Schedule 'B' is an agricultural land measuring 3.14 acres in Sy.No.66/1 and the said properties is described with proper boundaries in all the four sides.