ORDER

1. This appeal is directed against the judgment and order dated 3-8-1998 of a Single Judge of the High Court of Karnataka at Bangalore in RSA No. 105 of 1995 wherein and whereby the High Court has reversed the findings recorded by the courts below without referring to the questions of law which had been framed at the time of admission of the appeal.

2. While admitting the appeal on 3-2-1995, the High Court had framed the following questions of law:

"The question of law that arises for consideration in this appeal is whether the lower appellate court was justified while setting aside the decree of the trial court in granting relief as to partition in a case where the plaintiff sought only for declaratory relief in respect of suit schedule property? Whether the courts below were justified in not properly interpreting the contents of Ext. P-6 while granting the relief sought for by the plaintiff? Whether the lower appellate court was justified in holding that by virtue of Ext. P-6 the plaintiff having derived half a share in the suit schedule property and whether it was right on the part of the a first appellate court in not adverting its mind to the Hindu Adoptions and Maintena