JUDGMENT :

P.G.M. Patil, J.

1. The pendente-lite purchaser of the suit property, being aggrieved by the judgment and decree dated 9.9.2004, passed in R.A.No.69/1998, by the District and Sessions Judge and Presiding Officer, Fast Track Court, Jamakhandi, reversing the judgment and decree dated 21.7.1998, passed in O.S.No.171/1996, by the Prl. Civil Judge (Jr.Dn.), Mudhol, has filed this regular second appeal.

2. Along with this appeal, the appellant has filed an application in I.A.No.3/2018 under section 151 of CPC seeking permission to prosecute the regular second appeal.

3. The appellant Annappa S/o. Adiveppa Handigund has sworn to an affidavit annexed to the application stating that the suit property was allotted to the share of father of the defendants in the partition in 1961 wherein various properties were divided between father of the plaintiff and father of the defendants. Thereafter in a subsequent partition, the suit property was allotted to the share of defendant No.3 and he had been in exclusive possession. However, respondent No.1/plaintiff instituted a suit for partition and separate possession in O.S.No.171/1996 against the defendants and the same was dismissed. R.A.No.69