ORAL JUDGMENT

This appeal filed by the appellant/defendant No.2 under Section 96 of CPC., for setting aside the judgment and decree passed by the XX Addl. City Civil & Sessions Judge (CCH-32), Bangalore, in OS.No.6676/2013 dated 09.12.2019.

2. Counsel for the respondent No.3 present, respondent No.2 though the counsel for respondent No.1 undertaken to file vakalath but not filed any vakalath, hence respondent No.2 treated as served, unrepresented.

3. The rank of the parties before the Trial Court is retained for the sake of convenience.

4. The case of the plaintiff before the Trial Court is that the plaintiff filed a suit for partition and separate possession seeking 1/5th share (1/4th share after death of the 1st defendant) in respect of house list No.147, new No.16 and also house list No.59 situated at Adugodi village, Bangalore. Notice was served on the defendant Nos.2 to 4, though advocate appeared but not contest the matter. The defendant No.1 said to be deleted i.e., father of the plaintiff as well as other t