JUDGMENT :

N.K. SUDHINDRARAO, J.

1. The appeal is directed against the judgment and decree passed by the learned Civil Judge (Senior Division), Chikodi, in RA No. 76/1999 wherein the appeal came to be allowed with costs and the suit of the plaintiff was decreed as prayed for in the following terms:

"The appeal is allowed with costs.

The suit of the plaintiff is decreed as prayed on the following terms:

The plaintiff is declared as the adopted son of the defendants 1 and 2.

The plaintiff is entitled to the 1/3rd share in the suit properties.

The partition shall be effected as contemplated under section 54 of CPC.

Till the partition is effected by metes and bounds as per law, the plaintiff is entitled to the joint possession and enjoyment of the suit properties along with defendant 5 and the permanent injunction is granted against the defendants in this regard restraining them from ousting the plaintiff from the joint possession of the suit land."

2. Earlier to it, the learned Principal Civil Judge (Junior Division) and JMFC, Chikodi (hereinafter referred as 'trial Court') in O.S. No. 267/988 has decreed the suit in part and the operative portion is as under:

"Suit of the plaintiff is partl