LAXMAN Vs. RANGAPPA

JUDGEMENT

(1.) Respondent herein who is plaintiff in O.S. 206/2005 filed the suit in question for the relief of partition and separate possession and same came to be decreed partly declaring that plaintiff is entitled for 1/2 share in land bearing Sy. No. 15/2 measuring 5 acres 16 guntas situated at Bablad Village, Mamadapur Hobli, Bijapur Taluk. Being aggrieved by the same defendant filed an appeal in R.A. 95/2009 and first appellate Court by Judgment and decree dated 29.08.2011 dismissed the same and affirmed the Judgment and decree passed by trial Court. Hence, this second appeal has been preferred by defendant.

(2.) Heard Sri Ameet Kumar Deshpande, learned Advocate appearing for appellant and Sri J. Augustin, learned Advocate appearing for respondent. Perused the judgment and decree passed by the Trial Court as affirmed by the First Appellate Court.

(3.) Facts which has lead to filing of this appeal can be crystallized as under: