S.Sujatha, J. - (1.) This is defendants' second appeal filed under Section 100 of Code of Civil Procedure, 1908, challenging the judgment and decree of the Senior Civil Judge & JMFC, Hirekerur (for short, 'the first appellate court') in RA No.16/2012, whereby the appeal is dismissed modifying the quantum of shares allotted by the Trial Court.
(2.) This appeal was admitted to consider the following substantial questions of law: i) Whether the lower appellate court is justified while dismissing the appeal re-determining the share of the plaintiff and defendant No.1 as 4/9 and whether the defendant No.2 is entitled to 1/9th share in the suit schedule properties in the absence of any material documents on record? ii) Whether the Trial Court is justified in not redetermining the share of the parties in the facts and circumstances of the present case?
(3.) For the sake of convenience, the parties are referred to as per their status before the trial court.;