CAV JUDGMENT

(PER: HON’BLE MRS. JUSTICE K. S. HEMALEKHA)

RFA.No.200106/2016 is preferred by defendant No.3 and RFA.No.200083/2016 by defendant No.6, assailing the judgment and decree dated 16.08.2016 in O.S No.188/2014, on the file of the II Additional Senior Civil Judge, Kalaburagi (hereinafter referred to as “trial Court” for short).

2. Suit seeking partition and separate possession and the counterclaim filed by defendant Nos.4 and 5 was decreed by the trial Court, awarding plaintiff, defendant Nos.4 and 5 each 1/6^th share in the suit schedule properties. The trial Court further declared that the joint development agreement dated 23.08.2013 is not binding upon the share of the plaintiff, defendant Nos.4 and 5.

3. The suit properties are described as under:

1. “The House bearing Corporation No.10-2/80 measuring 321 Sq.Meters. (3486 Sq Feet) with CTS No.3697, sheet No.65 Division No.1 situated at Sangameshwar Colony, Gulbarga Bonded as under.

East : Plot No.2

West : Govt. Road.

North : Govt. Drain.

Suoth : 30 feet wide Road.

2. The land bearing Sy.No.13/2 Khata No.83 measuring 11 acres 32 Guntas with RA of Rs.12-04 PS, situated at Godrihal Tq Shorapur (Surpur) Dist Yadgir.

3. The Land bear