JUDGMENT :

(PER: THE HON'BLE MR. JUSTICE C M JOSHI)

This appeal arises out of the divergent findings in O.S.No.43/2002 by learned Civil Judge (Junior Division) and JMFC at Hirekerur and R.A.No.113/2006 by learned Civil Judge (Senior Division) and Itinerate Court, Hirekerur dated 29.09.2007. By the impugned judgment, the First Appellate Court had decreed the suit by reversing the dismissal of the Trial Court. The defendant No.1 before the Trial Court is in appeal before this Court.

2. The parties would be referred to as per their rank before the Trial Court for the sake of convenience.

3. The factual matrix that is necessary for the purpose of this appeal may be summarized as below:

a. The suit property is a cattle shed situated in Gram Panchayat No.11 (portion of Survey No.1/10) measuring 2 ½ guntas and it is bounded by the remaining 2 ½ guntas in the said survey number on the northern side.

b. The suit schedule property was owned by the family of one Doddagouda. Doddagouda had four sons i.e. Channabasappa, Basavannippa, Dundappa and Shidlingappa.

c. It is the case of the plaintiff that, during lifetime of Doddagouda, a partition had been effected in the family properties and in the said