(1.) Challenging judgment and decree dtd. 10/1/2017 passed by IV Addl. District and Sessions Judge, Mandya, in RA no.34/2016 and judgment and decree dtd. 23/4/2016 passed by Prl. Senior Civil Judge and CJM, Mandya, in OS no.83/2001, this appeal is filed.
(2.) Brief facts as stated are, appellant was plaintiff in OS no.83/2001 filed for partition and separate possession of his 1/6th share in suit schedule properties by metes and bounds and to hold separate enquiry for ascertaining mesne profits, etc.
(3.) In plaint, it was stated, father of plaintiff - Girigowda s/o Papegowda, died leaving behind wife - Chowdamma (defendant no.1) and 7 children i.e. plaintiff, BG Shekar, BG Ramakrishna, Narayana, defendants no.2 to 4 as his legal heirs. It was stated, BG Shekar and BG Ramakrishna died unmarried and since 7 years, whereabouts of Narayana was also not known. Therefore, his wife Smt.Sowbhagya (defendant no.5) was made party to suit.