ABHAY S. OKA,J Heard the learned senior counsel appearing for the appellant and the learned counsel for the first respondent. The appellant is the original second defendant. The first respondent in the Appeal is the original plaintiff and the second respondent is the original first defendant. The first respondent filed a suit against the appellant and the second respondent claiming declaration of ownership and possession in respect of the suit land bearing Survey No.115/4 measuring 2 acres 30 guntas situated at Village Bhopal Tegnoor, District Gulbarga. The case made out by the first respondent was that the second respondent relinquished his share in the suit land. Under a memorandum of partition, the relinquishment was recorded, and therefore, the appellant became the exclusive owner of the suit land. The Trial Court dismissed the suit. The Trial Court held that the first respondent failed to establish the plea of partition, and as a result, the first respondent has not proved his exclusive ownership and possession over the suit land. Digitally signed by Anita Malhotra Date: 2023.10.12 09:45:26 IST Reason:

Signature Not Verified CIVIL AP