CAV JUDGMENT

1. This appeal is preferred by the defendant No.2 challenging the judgment and decree dated 29.10.2005 in R.A.No.146/2001 on the file of the District Judge, Bagalkot, [hereinafter referred to as ‘First Appellate Court’] dismissing the appeal and confirming the judgment and decree dated 22.11.2000 in O.S.No.24/1984 on the file of the Principal Civil Judge (Sr.Dn.), Jamkhandi², decreeing the suit of the plaintiff in part.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The facts in nutshell as averred in the plaint by the plaintiff are that:hereinafter referred to as ‘Trial Court’

3.1 The plaintiff and defendants are the members of the Hindu joint family and have succeeded to the estate of the original propositus – Ramachandra (died on 29.09.1974). It is the case of the plaintiff that the original propositus - Ramachandra and his children were weavers and dealers in saree and have joint family Partnership Firm known as ‘Ambika Saree Stores’. The said firm had sufficient profits and as such some of the suit properties were acquired from the in