MALKANNA Vs. AMBUJA

JUDGEMENT

(1.) The appellant/plaintiff is before this Court under Section 100 of the Code of Civil Procedure, challenging the concurrent finding under the judgment and decree dated 02.09.2006 passed in R.A. No.83/2005 on the file of Principal District Judge, Gulbarga, by which the judgment and decree dated 01.10.2005 passed in O.S. No.53/1997 by the III Additional Civil Judge (Sr.Dn.), Gulbarga is confirmed.

(2.) The parties to this proceedings would be referred to as per their ranking in the suit before the Trial Court.

(3.) The plaintiff and defendant No.1 are brothers. Defendant No.2 is the daughter of defendant No.1. The plaintiff filed suit in O.S. No.53/1997 praying for partition and separate possession of half share in the suit properties; for permanent injunction restraining the defendants or any others claiming through them from alienating the suit properties; mesne profit and costs of the suit.