R.K.AGRAWAL, A.M.SAPRE
Shivaji Yallappa Patil – Appellant
Versus
Sri Ranajeet Appasaheb Patil – Respondent
JUDGMENT :
R.K. Agrawal, J.
1. The above appeal has been filed against the judgment and order dated 29.06.2005 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No. 568 of 2000 whereby learned single Judge of the High Court allowed the appeal filed by Respondent Nos. 1 and 2 herein (original plaintiffs) against the judgment and decree dated 25.02.2000 in Regular Appeal No. 29 of 1997 passed by the Court of Civil Judge (Sr. Division), Hukeri and the order dated 21.07.1992 in Original Suit No. 123 of 1986.
2. Brief facts:
(a) The suit property is an agricultural land situated at Khavanewadi village in Hukeri Taluka bearing Survey No. 77, measuring 6 acres 8 guntas wherein several persons were owners of their defined shares and were in cultivation till 28.05.1981. Later on, the above suit land was divided into two parts as Eastern and Western measuring 3 acres 4 guntas each. In pursuance to the said partition, the joint owners gave a joint application to the Survey Department for demarcation of boundary line between the eastern and western land showing their respective names to their respective parts. The land in the ratio of 1/2, 1/6, 1/6 and 1/6 was given to As
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