B MUNIKRISHNAPPA Vs. BYANAPPA

JUDGEMENT

(1.) These two appeals are directed against the Judgment and decree dated 20.02.2009 passed in R.A.Nos.97/2008 and 148/2008 wherein the claim of the plaintiff with regard to item No.6 alone was allowed and claim with regard to item Nos.1 to 5 came to be rejected by setting aside the Judgment and decree dated 18.01.2008 passed in O.S.No.154/2005 for partition and separate possession wherein plaintiff claim for 1/3rd share in all the six items of the suit schedule properties therein came to be decreed in part granting 1/4th share in all the suit schedule item Nos.2 to 6 properties.

(2.) The relationship between the parties with reference to plaintiff: Plaintiff-eldest son of Byannappa defendant No.1. Defendant No.2 second son of Byannappa (defendant No.1), younger brother of plaintiff and defendant No.3 G Muniraju, maternal grandson of defendant No.1- predeceased sister's son of plaintiff. Item Nos.1 to 5 of the suit schedule are agricultural properties and item No.6 is residential house.

(3.) In order to avoid confusion and overlapping, the parties are addressed with reference to their respective ranking before the trial court.