D C LAXMAMMA Vs. D N DHANALAXMI

JUDGEMENT

(1.) These appeals arise out of the common judgment and decree dated 4.11.2017 in R.A.Nos.37/2016 and 38/2016 passed by the I Additional District Judge, Kodagu at Madikeri. By the impugned judgment and decree, the first appellate court has dismissed the appeals and I.A.No.2 filed under Order XLI Rule 27 Civil Procedure Code and confirmed the judgment and decree dated 2.4.2016 passed by the Senior Civil Judge, Madikeri in O.S.No.12/2008 decreeing the suit of the plaintiff for partition and separate possession of their share and granting counter claim of defendant Nos.2 and 7 and the legal representatives of defendant No.3 for partition and separate possession of their 1/6th share in the suit schedule properties.

(2.) One D.K.Nagaraju filed O.S.No.12/2008 against D.K.Chandrashekar and D.K.Ganapathy. The subject matter of the suit was land bearing Sy.No.43/4 measuring 1.80 acres situated at Madapatna Village of Somwarpet Taluk, Kodagu District.

(3.) The said land was granted to the father of plaintiff and defendant Nos.1 and 2 by the Government. The plaintiff contended that on the death of Krishnashetty, himself and defendant Nos.1 and 2 are entitled to 1/3rd share and defendants have denied his share. He claimed that they are in joint possession and enjoyment of the suit property.