(1.) This Regular Second Appeal is directed against the Judgment and Decree dated 10.11.2004 passed by the learned District and Sessions Judge, Jamakhandi in R.A.No.6 of 1997, whereby the Judgment and Decree dated 26.11.1996 entered by the learned Principle Munsiff, Jamakhandi in O.S.No.113 of 1989 (Old O.S.No.101 of 1982) decreeing the suit have been reversed.
(2.) This Court admitted the matter vide order dated 09.01.2006 by framing the following substantial question of law :-
(3.) The brief facts stated are : The Appellants i.e. two sons and their mother had filed O.S.No.104 of 1968 against their father-Kareppa for partition and separate possession of suit land. It came to be decreed on 29.06.1968 in terms of a Compromise Petition, where under 04 Acres, 02 Gunthas of land was allotted to father-Kareppa and remaining 10 Acres, 31 Gunthas of land was allotted to Plaintiffs i.e., two sons and the mother.