(1.) This is a 3rd defendant's regular first appeal challenging the judgment and decree of the Trial Court decreeing the suit of the plaintiff for partition and separate possession as prayed for.
(2.) For the purpose of convenience, the parties are referred to as they are referred to in the original suit.
(3.) The subject matter of the suit is land bearing Sy. No. 5/2 measuring 3 acres 4 guntas including 28 guntas of kharab land situated at Vaddarahalli Village, Lakshmipura post, Dasanapura Hobli, Bangalore North Taluk and a vacant site bearing Khaneshumari No. 10 measuring 48 X 55 feet situated at Vaddarahalli Village, Lakshmipura post, Dasanapura Hobli, Bangalore North Taluk, which are more particularly described in the schedule to the plaint as item Nos. 1 and 2 (for short, hereinafter referred to as the schedule properties).