JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J. :

This appeal arises out of order and judgment of the Division Bench of the High Court of Karnataka (hereinafter, ‘High Court’) dated 26.03.2009, dismissing Writ Appeal No. 7758 of 2003 [ULC] filed by the Appellant herein against the order dated 21.10.2003 passed by the learned Single Judge of the High Court in W.P. No. 35449 of 2001.

Factual Background:

2. The facts leading to this appeal are as follows: Five properties/Survey Nos. (533B2, 532A, 537, 533A, 539), totally measuring 3 acres and 11 cents, situated in Ullal village, Mangalore Agglomeration (‘joint family property’), originally belonged to the joint family of two sisters, namely, Smt. Korapalu Sapalyathi and Smt. Nemu Sapalyathi. Korapalu Sapalyathi had three children and Smt. Nemu Sapalyathi had seven children. After the death of the two sisters, the Appellant’s case is that their ten children benefited through a registered partition deed dated 9.01.1984. Through the said partition deed, Smt. Leela Sapalyathi, daughter of Smt. Korapalu Sapalyathi, allegedly came to hold a share of 1983 sq. mts. of land, including land to the extent of 30 cents falling under Survey No. 53/3A. Likewise