ORAL JUDGMENT

Heard Sri B.N.Ambrish, advocate for Sri Santosh S. Nagarale, learned counsel for the appellant and Sri A.V.Nishanth, learned counsel for respondent Nos.1 to 3.

2. Present Regular Second Appeal came to be admitted on the following substantial questions of law by the Order dated 05.09.2024.

i. Whether the First Appellate Court was justified in reversing the judgment and decree of the Trial Court and decreeing the counter claim of the defendant Nos.1, 2 and 3 in respect of item Nos.2, 3 and 9?

ii. Whether the First Appellate Court was justified in holding that the item Nos.2, 3 and 9 are the self acquired properties of defendant Nos.1, 2 and 3?

iii. Whether the judgment and decree of the First Appellate Court suffers from perversity and illegality, warranting any interference by this Court?

3. Parties are referred to as plaintiff and defendants for the sake of convenience as per their original ranking in the Trial Court.

4. Appellant is the plaintiff, who filed the suit in O.S.No.10/2010 on the file of the Senior Civil Judge and JMFC, Sira, for the relief of partition and separation possession in respect of the following immovable properties hereinafter referred to as the ‘suit properties’.

i. “Land bearing Sy.No.38/1a measuring 3-00 acres, assessment at Rs.1-38 situated at Kallukote village, Kasaba Hobli, Sira Taluk, which consists 80 coconut, 4 tamarind, 40 bevu, 10 honge trees along with one I.P. set and Chettu well, bounded on East: Halla, West: alienated land in the same Sy.No.38/1, North: sites belongs to others, South: land of S.K.Siddanna.

ii. Land bearing Sy.No.30/1c measuring 5-00 acres, assessment at Rs.2-30 situated at Kallukote village, Kasaba Hobli, Sira Taluk, which consists 140 coconut, one tamarind, 10 bevu, 20 honge and 750 aracnut trees having two I.P. set bounded on East: land Sy.No.28/1c, West: Halla, North: land of Rahimkhan Sab, South: Srirama Layout.

iii. Land bearing Sy.No.28/1c measuring 4-00 acres, assessment at Rs.2-24 situated at Kallukote, Kasaba Hobli, Sira Taluk, consisting 150 coconut, 8 bevu, 3 honge and one tamarind trees along with one I.P. set and pump room, bounded on East: Maszid, West: land Sy.No.30/1c, North: land of Rahimkhan, South: land of Gadigiriyanna.

iv. Land bearing Sy.No.5/1 measuring 3-00 acres, assessment at Rs.2-07 situated at Kallukote, Kasaba Hobli, Sira Taluk, bounded on East: Amarapura road, West: land of Narayansingh, North: Kallukote village, South: Rice Mill of Kumaranna.

v. Land bearing Sy.No.42/1 measuring 4-00 acres, assessment at Rs.2-44 situated at Kallukote village, Kasaba Hobli, Sira Taluk, bounded on East: Amarapura road, West: sites belongs to others, North: Presidency School, South: land of R.Subbarayapp.

vi. Site property bearing assessment No.384/373/354, measuring 32 x 75.7 feet, situated at Kalidasanagara, Sira Town, bounded on East: road, West: House of Devirao, North: Galli, South: road.

vii. House property bearing assessment No.478/465/438, measuring 16 x 63 situated at Kalidasanagara, North: Gangammanahalla, South: road.

viii. Dilapidated house now becomes site bearing assessment No.625/596/561, measuring 23.6 x 27.2 feet, situated at Kalidasanagara, Sira Town, bounded on East:house of Puttasiddanna, West:Road, North:Galli, South: Revanasiddeswara temple.

ix. Site bearing assessment No.1084/1020/5751/5, measuring 15+2x/2 20+18 situated at Near N.H.4 Sira town, bounded on East: Road, West: N.H.4 Road, North: Hanuman Petrol Bunk, South: PWD Quarters compound.

x. House property bearing assessment No.528/511/482, measuring 46.9 x 20 feet, situated at Kalidasanagara, Sira Town, bounded on East: road, West: item No.7, North: Item No.12, South: Gangammanahalla.

xi. House property bearing assessment No.480/465/2/482/2, measuring East: road, West: Item No.7, North:item No.10, South:road.

xii. House property bearing assessment No.479/465/1/438/1, measuring 24 x 23, situated at Kalidasanagara, Sira town, bounded on East: house of Ashwathappa, West:ro