SATTEPPA NILAPPA ITNAL Vs. BASAWWA

JUDGEMENT

(1.) The present second appeal is filed under Sec. 100 of Code of Civil Procedure, 1908(Hereinafter referred to as 'CPC') by defendant No.2 challenging the judgment and decree dtd. 6/9/2007 passed in R.A. No.17/2022 by the Prl.Civil Judge (Sr.Dn.), Gokak(Hereinafter referred to as the 'first appellate Court') and the judgment and decree dtd. 15/12/2001 passed in OS No.378/1998 by the Addl. Civil Judge (Jr.Dn.) Gokak(Hereinafter referred to as the 'Trial Court') whereunder the suit for partition has been partly decreed by the trial Court holding that the plaintiff is entitled for 1/11th share in the suit properties and the first appellate Court in the appeal filed by defendant No.2 has modified the share and also held that defendant No.1 is entitled to 2/11th share and defendant Nos.2 and 3 are entitled to 4/11th share.

(2.) The Cross objection is filed by the plaintiff seeking for an equal share.

(3.) For the sake of convenience, the parties herein are referred as per their rank before the Trial Court.