S. SUJATHA, J.

1. With the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal.

2. This appeal arises against the judgment and decree of the Fast Track Addl. M.A.C.T. Dharwad in R.A. No. 33/2013 (‘the lower appellate court’ for short), whereby the appeal filed by the appellant is partly allowed modifying the judgment and decree dated 29.11.2012 passed by the II Addl. Senior Civil Judge, Dharwad (‘the trial court’ for short) in O.S. No. 351/2005.

3. For the sake of convenience, the parties are referred to, as per their status before the trial court.

4. Facts in brief are that, plaintiffs filed suit for partition and separate possession in suit schedule property ‘A’ and ‘B’, against the defendants in O.S. No. 351/2005. Suit of the plaintiffs came to be decreed holding that plaintiffs and defendants No. 1 to 3 are entitled to 1/5th share each in suit properties. Being aggrieved, the defendant No. 1 preferred appeal before lower appellate Court in R.A. No. 33/2013. The lower appellate court partly allowed the appeal, holding that 4 acres of land, which is sold by plaintiff No. 1 and defendant No. 1 together to defendants No. 4 and 5