JUDGMENT

1. Challenging judgment and decree dtd. 23/2/2006 passed by Civil Judge (Sr.Dn.) and Principal, JMFC at Ranebennur, in O.S.No.76/1996, this first appeal is filed by unsuccessful plaintiff.

2. Appellant herein was plaintiff in suit, while respondents herein were defendants no.1 to 6 respectively. For sake of convenience they shall hereinafter be referred to as per their respective ranks in original suit.

3. O.S.No.76/1996 was filed seeking for relief of partition and separate possession of plaintiff's 1/4 th share in suit properties namely:

A) Properties situated in Chapparadahalli, Hirekerur Taluk:

1. R.S.No.51/1+2 measuring 3 acres 27 guntas

2. R.S.No.57/1 measuring 3 acres 9 guntas

3. R.S.No.62/5 measuring 1 acre 29 guntas

4. R.S.No.62/1A+1B measuring 1 acre 16 guntas

B) House site and vacant plot in Chapparadahalli:

(1) V.P.C. No.51 (including house with tiled roof) measuring East " " West 30ft. and North-South 70 ft. bounded on East by property of Shivappa Ingalagundi, West by property of Dyavappa Banakar, North by property of Hanumanthappa Basappa Banakar and South by property of defendant's portion in V.P.C.No.52.

(2) Open plot bearing V.P.C.No.52 totally measuring Ea