JUDGMENT :

RAVI V. HOSMANI, J.

1. This appeal is filed by defendant No.2 challenging the judgment and decree in O.S.No.25/2017 dated 01.08.2018, passed by the Senior Civil Judge, Hungund. Said suit was filed for relief of partition and separate possession of 1/3rd share in suit schedule properties.

2. Brief facts of the case are that, plaintiff-Shanthavva is one of the daughters of Magundappa and Channavva. Defendant No.1-Sangappa is brother of defendant No.2-Kalavathi and plaintiff. Both parents of plaintiff-defendants died intestate. Suit properties are their ancestral properties and there is no partition effected between them. When plaintiff demanded partition and separate possession, defendants refused it. Hence, plaintiff filed suit.

3. After service of summons, defendant Nos.1 and 2 entered appearance. Defendant No.1 did not file written statement.

4. Defendant No.2 filed written statement admitting relationship among parties to suit and also admitted that suit properties are ancestral properties. She contended that land bearing Sy.No.54/5 measuring 3 acre 22 guntas, Mugunuru village, Hungund taluk is the ancestral property, which is not included in the suit. Therefore suit is bad