K GAJENDRA HATWAR Vs. K S SREEKANTH

JUDGEMENT

(1.) This defendant's second appeal arises out of the judgment and decree dated 07.11.2014 in R.A.No.93/2006 passed by the Senior Civil Judge, Kundapura. The First Appellate Court took R.A.No.93/2006 and R.A.No.99/2006 together for disposal and passed common judgment and decree.

(2.) By the impugned judgment and decree, the First Appellate Court allowed the appeal of the plaintiffs reversing the judgment and decree dated 09.10.2006 passed by the II Additional Civil Judge (Jr.Dn.) & J.M.F.C., Kundapura in O.S.No.212/1996, where under the suit of the plaintiffs for partition and separate possession of their 1/3rd share was dismissed.

(3.) Respondents 1 & 2 were the plaintiffs. Respondent No.3 was the first defendant and the appellant was second defendant & fourth respondent was third defendant in the said suit. For the purpose of convenience parties will be referred to henceforth with their ranks before the trial Court.