This appeal under section 96,C.P.C. is directed against the judgment and decree dated 19-1-2007 passed in O.S.15/03 on the file of Civil Judge(Senior Divn) Muddebihal, decreeing the suit for partition and separate possession.

2. In fact, The appeal should have been dismissed without a second look, as it is not an appeal in the eye of law, particularly the contents of the memorandum of appeal having no relationship/ proximity to the judgment under appeal,, which is sought to be challenged in this appeal.

3. Sri.Sivakumar.S. Badawadgi, Learned Counsel for the appellant by engrafting another memorandum of appeal said to be relevant to the judgment under appeal, seeks to make the present appeal tenable and for such purpose, has placed before this Court a copy of the memorandum of appeal with the parties and description in the preamble part of memorandum being the same, but the facts and grounds urged in the memorandum of appeal said to be relating to the very judgment under appeal.

4.Sri.HarshavardhanR Malipatil, Learned Counsel appearing for the respondent had earlier pointed out this bloomer in the appeal, which would have gone unnoticed unless we had ourselves looked into