JUDGMENT

RFA No.477/2012 is filed by defendant Nos.1,3 and 4 and the Cross-objection No.23/2012 is filed by plaintiff in O.S.No.280/2004 challenging the judgment and decree passed by the Additional Senior Civil Judge, Chikmagalur (for short ‘the Trial Court’), in the said suit. By the said judgment and decree the Trial Court has decreed the suit awarding 1/7th share in suit schedule A item Nos.1 to 9 properties to the plaintiff and defendant Nos.1 to 6 and dismissed the suit in respect of suit schedule A item Nos.10 to 13 properties and suit schedule B properties. Further, the suit was decreed for accounts and mesne profits in respect of item Nos.1 to 9 of schedule ‘A’ properties.

2. For the sake of convenience, the parties herein are referred to as per their rank before the Trial Court.

3. The facts leading to the present appeal and cross-objection may be briefly stated as under:

i) Plaintiff presented the suit for partition and separate possession of his 1/5th share in the schedule ‘A’ and ‘B’ properties, for accounts and mesne profits under Order XX Rules 12 and 18 of CPC initially against defendant Nos.1 to 4 i.e., the father and brothers of the plaintiff, subsequently, defendant N