(1.) The above appeal and cross-objections arise out of the judgment and decree dated 17.08.2005 in O.S. No.146/1995 passed by the II Additional Senior Civil Judge, Dharwad.
(2.) Smt. Elizabeth was defendant No.1 in the suit. On the death of defendant No.1 the appellant David came on record as defendant No.1(a) as her legal representative. The cross-objectors are defendant Nos.3 and 4 in the suit. Subhoda Prakash respondent No.1 herein filed the said suit against defendant Nos.1 to 4 for partition and separate possession of his half share in the suit schedule properties.
(3.) For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court.