(1.) This appeal is filed by defendant No.3 in OS No.5761 of 2004 being aggrieved by the judgment and decree dtd. 22/11/2008 passed by the learned XXXVIII Additional City Civil and Sessions Judge, Bangalore City.
(2.) The parties would be referred to as per their ranks before the trial Court for the sake of convenience.
(3.) The facts of the case as averred in the plaint are that, plaintiff Nos.1 to 5 before the trial Court who are respondent Nos.1 to 5 herein, claimed the relief of partition and the separate possession of their 1/9th share in the suit schedule properties and for other reliefs which are as below: