D S PATIL Vs. SOMASHEKAR D PATIL

JUDGEMENT

(1.) DEFENDANTS 1 and 2 in O. S. No. 793/2004, on the file of XXX Additional City Civil Court at Bangalore, have filed this appeal against the orders passed on LA No. 10 dated 19. 7. 2008.

(2.) THERE are concluded incidental proceedings between parties to suit in respect of suit 'a' and 'b' schedule properties. Therefore, in this appeal, parties would be referred to by their names.

(3.) THE II-defendant namely Manjunath D. Patil and plaintiff namely somashekar D. Patil are the sons of I-defendant namely D. S. Patil. Somashekar D. Patil has filed the present suit against D. S. Patil and manjunath D. Patil for partition and separate possession of his l/3rd share in suit 'a', 'b', 'c and 'd' schedule properties. 'a' schedule property is a residential house situate at No. 18, 4th Cross, Central Excise Layout, vijayanagar, Bangalore. 'b' schedule property is an industrial shed bearing no. 32/25, situate at 2nd Main Road, Industrial Town, Rajajinagar, bangalore - 10, wherein D. S. Patil and Manjunath D. Patil are running a printing press in the name and style of 'lotus Printers'. In 'c schedule property, Somashekar D. Patil has mentioned five sites situate in different localities which are bereft of other details. 'd' schedule properties are moveable properties stated to be existent in plaint 'a' schedule property. D. S. Patil had filed O. S. No. 6826/2003 for a decree of permanent injunction against Somashekar D. Patil in respect of 'b' schedule property. The suit was contested by Somashekar D. Patil on the ground that plaint 'b' schedule property is a joint family property and he is one of the co owners of 'b' schedule property and he has undivided share in the same. The suit in O. S. No. 6826/2003 was decreed on 6. 12. 2006 and permanent injunction was granted to restrain Somashekar D. Patil from interfering with D. S. Patil's possession of 'b' schedule property.