JUDGMENT :

ASHOK S.KINAGI, J.

This Regular Second Appeal is filed by the appellant, challenging the judgment and decree dated 30.03.2013, passed in R.A.No.110/2012 by the learned Fast Track Court, Chikmagalur, and the judgment and decree dated 01.09.2012 passed in O.S.No.104/2008 by the learned Additional Senior Civil Judge, Chikmagalur.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellant was defendant No.2, respondent No.1 was the plaintiff, and respondent Nos.2 to 4 were the other defendants.

3. Brief facts, leading rise to the filing of this appeal are as follows:

The Plaintiff filed a suit against the defendants for partition and separate possession. It is the case of the plaintiff that the plaintiff is the daughter of the late Alex D’Souza, and defendant No.1 is the mother of the plaintiff, defendant Nos.2 and 3 are the brothers, and defendant No.4 is the sister of the plaintiff. During the lifetime of late Alex D’Souza, he acquired the suit schedule properties. The suit schedule properties are the joint family properties of the plaintiff and the defendants, and no partition effected by metes and bounds between the plainti