JUDGMENT :

N.K. Sudhindrarao, J.

1. Though the matter was listed for admission, with the consent of learned counsels for both sides, the same is taken up for final disposal.

2. The present appeal is directed against the judgment and decree dated 18.09.2012 passed in R.A. No. 26/2011 by the Presiding Officer, Fast Track Court at Chikkamagaluru, wherein, the appeal came to be dismissed confirming the judgment and decree dated 06.12.2010 passed in O.S. No. 80/2006 by the Senior Civil Judge and JMFC, Kadur.

3. In order to avoid confusion and overlapping, parties are referred in accordance with their status as it stood before the trial court.

4. The plaintiff earlier had filed a suit for declaration of title and possession in O.S. No. 434/2001 on the file of the Additional Civil Judge (Jr. Dn.) and JMFC, Kadur, which came to be decreed in part on 20.01.2006. The said suit was for declaration of the status of the plaintiff as the daughter of defendant No. 1 and one Rathnamma. The relief of plaintiff as the daughter was granted, however her relief in respect of the suit schedule property was dismissed.

5. Meanwhile, plaintiff had filed another suit in O.S. No. 80/2006 for partition and separate