JUDGMENT :

Anil R. Dave, J.

This appeal has been filed against the judgment delivered on 16th November, 2005 in R.S.A. No.578 of 2000 by the High Court of Karnataka at Bangalore.

2. The facts giving rise to the present Appeal, in a nutshell, are as under:

The appellant is the original defendant in the Suit. The plaintiffs, who are respondents herein, had filed a Suit for partition and separate possession of the 7/8th share in the Suit property. The property in question originally belonged to late Shaikaji, whose first wife Halimabi had died and thereafter he had married Roshanbi. Out of the first marriage with Halimabi, late Shaikaji had two children and one of them had died whereas he had six children through his second marriage with Roshanbi. The Suit was filed by the second wife and her children against the defendant, who is the heir of the first wife.

3. The Suit was in respect of property which was purchased by Shaikaji and the suit property was in occupation of all the family members.

4. The Suit, being O.S.No.153 of 1985 was decreed on 27th July, 1988.

5. The said judgment and decree had been challenged by way of an appeal and the said appeal was dismissed on 13th November, 1995 by