JUDGMENT/ORDER

1. The defendant has filed this appeal praying to set aside the judgment and decree dtd. 12/1/2006 passed by the II Additional District Judge, Tumkur in R.A. No. 174/2004 and also judgment and decree dtd. 24/10/1997 passed in O.S. No. 227/1995 on the file of the Civil Judge (Junior Division) and JMFC, Koratagere and prayed to dismiss the suit.

2. The parties will be referred as per trial Court rankings.

3. The respondent was the plaintiff and the appellant was the defendant in O.S. No. 227/1995. The said suit is filed seeking partition and separate possession of the plaintiff's half share in the suit schedule properties.

It is pleaded in the plaint that the suit schedule properties belongs to one Chinnappaiah and he got the same in the family division taken place among his brothers. Plaintiff and defendant are the daughters of the said Chinnappaiah. Chinnappaiah died one year back prior to filing of the suit. It is stated that the said Chinnappaiah has not executed any testamentary document in respect of the suit schedule properties. The said plaintiff and defendant being the daughters of deceased - Chinnappaiah are entitled to equal share in the suit schedule propert