( 1 ) THIS is the 15th defendant's appeal against the Judgment and Decree, dated 29/06/1988 of the learned Civil Judge at Mangalore, Dakshina Kannada District, in O. S. No. 13/ 1976 on his file.

( 2 ) THE facts to this appeal may he stated briefly and they are as follows. The plaintiffs Vasantha, Jayanatha and Sumantha filed the said O. S. No. 13/ 1976 in the Court of the Civil Judge at Mangalore for partition of schedule-B and C properties said to belong to the undivided family of which their deceased grand-mother Parameshwari Hengsu was a member. They arrayed as many as 50 defendants of whom Sanjiva, the 15th defendant, appellant herein, Krishnappa and Shyama are also the grand children of the said Parameshwari Hengsu but by the daughter while the plaintiffs are the children of a predeceased son of the said Parameshwari Hengsu by name Narayan Bhandary. It has been stated that the suit schedule-B properties are mulgeni properties which fell to the share of the aforementioned Parameshwari Hengsu by virtue of a family karar dated 29-12-1949 under the terms of which her branch of the undivided Aliyasanthana family consisting of said Parameshwari Hengsu, Gangamma, Yamuna as well as Th

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