1. The appellant herein is the plaintiff in O.S.No.6/2002. In a suit filed seeking for declaration that he is the successor to the estate and liabilities of his adoptive father Late Nanjappa and in that light sought for partition and separate possession of the suit schedule property on declaring the gift deed executed by the defendant No.1 in favour of defendant No.2 is not binding insofar as the share of plaintiff is concerned, the trial Court decreed the suit by its judgment and decree dated 11.12.2006. The defendants claiming to be aggrieved by the same were before the Lower Appellate Court in R.A.No.9/2007. The Lower Appellate Court has by its judgment dated 23.11.2010 allowed the appeal and set aside the judgment and decree passed by the trial Court. The plaintiff is therefore before this Court in this second appeal under Section 100 of CPC against the divergent judgments.

2. The brief facts on which this case rests and is to be noticed to the extent for consideration of this appeal is as follows:

Late Nanjappa and the original first defendant Kallappa were very close friends. They accordingly purchased the property bearing Sy.No.25/2, measuring 07 acres and 30 guntas