BASAPPA Vs. SHANTAWWA AND ORS.

JUDGEMENT

(1.) This second appeal is preferred by defendant No. 2 in O.S. No. 386/2010, assailing judgment and decree passed in R.A. No. 97/2013 by the Court of Senior Civil Judge, Itinerary Court, Byadgi, dated 04.08.2015, by which, judgment and decree passed in O.S. No. 386/2010 by Civil Judge & J.M.F.C, Byadgi, has been modified and suit filed by plaintiff - respondent No. 1 herein has been decreed completely.

(2.) For the sake of convenience, parties shall be referred to, in terms of their status before the trial Court.

(3.) Respondent No. 1 - plaintiff filed a suit seeking partition and separate possession of her 1/3rd share in two items of suit properties, which, according to her, were ancestral joint family properties, they are agricultural land bearing R.S. No. 58/10+11/A measuring 2 acres 12 guntas and house property bearing V.P.C. No. 168 both situated at Masanagi village, Byadgi taluk, Haven district.