K. SREEDHAR RAO, J.

( 1 ) THE respondents have filed an application under Order 41 Rule 21 CPC. It is submitted that the appeal was disposed of earlier by this court and Sri G. S. Vishveswara was appearing for the respondents then. The order of this Court was set aside in appeal by the Supreme Court in the Civil Appeal remanding the matter for fresh disposal in accordance with law. After the remand Sri V. P. Kulkarni filed vakalath for the respondents. By mistake office did not show the name of Sri V. P. Kulkarni, therefore it is submitted that the Counsel appearing for the respondents has not been heard and prayed for an opportunity to submit his arguments on merits. The request is granted and heard.

( 2 ) SRI V. P. Kulkarni referred to the contents of the registered partition deed marked at Ex. P. 5 dated 4-10-1963. The following are the material paragraph of the deed relevant for consideration. "the details of the properties jointly given to the share of No. 1 - Jinnappa Nemanna Sheri and No. 2 Jivabalawwa W/o Jinnappa Sheri are : government Raitawa land, bearing No. 829, measuring 02 acres 13 guntas, assessed at Rs. 23-12-00 situate within the limits of Belgaum. Complete number,

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