Present appeal is filed by the appellant/plaintiff

aggrieved by the Judgment and Decree dated 29.11.2008

passed in R.A.No.55/2006 on the file of Addl. Sessions

Judge, Fast Track Court-II, Davanagere (hereafter

referred to as 'the First Appellate Court'), in and by

which, the First Appellate Court while allowing the appeal,

set aside the Judgment and Decree dated 29.09.2006

3

passed in O.S.No.24/2006 on the file of Civil Judge

(Sr.Dn.), Harihar (hereinafter referred to as 'Trial Court'),

which had decreed the suit of the plaintiff for partition.

2. Brief facts of the case of the plaintiff are that

one late Smt.Basamma, wife of Sri.Nanjundappa was the

owner of agricultural land bearing Survey No.205/A/1

measuring 6 acres 91 cents situated at Hosakote village.

She

had

four

daughters,

viz.,

Smt.Gangamma,

Smt.Mallamma,

Smt.Deveeramma

and

Smt.Kotrabasamma. That both the said Smt.Basamma

and her husband died about 40 years back. After demise

of Smt.Basamma and her husband, their four daughters

succeeded to the aforesaid land. That the second

daughter Smt.Mallamma and her husband died issueless.

The first daughter Smt.Gangamma married to one

Malleshappa. As she was well placed, she