CHANNAPPA Vs. CHANNAMMA D/O LATE UGREGOWDA

JUDGEMENT

(1.) This second appeal of the first defendant arises out of the Judgment and Decree dated 11.07.2017 in R.A.No.62/2013 passed by the I Addl. District and Sessions Judge, Tumakuru.

(2.) The first respondent filed O.S.No.30/2007 against the appellant and Respondent Nos.2 and 3 arraying them as Defendant Nos.1 to 3 seeking partition and separate possession of her share in the suit schedule properties.

(3.) By the impugned Judgment and Decree, the first appellate court partly allowed the appeal of the present appellant and modified the Judgment and Decree dated 19.02.2013 passed by the Senior Civil Judge and JMFC, Kunigal in O.S.No.30/2007 modified the share awarded to plaintiff and the defendants. The trial court had decreed the suit of the present first respondent for partition and separate possession of her 5/12 share and 1/12 share of Defendant Nos.2 and 3 out of 1/4th share of their father.