Honble MATHUR, J.–This appeal is directed against the order passed by the learned Single Judge of the High Court of Karnataka at Bangalore whereby the learned Single Judge has set aside the order and decree passed by the Additional Civil Judge, Chikodi in OS No. 160 of 1988 whereby the learned trial court decreed the suit relating to family property i.e. Schedule-B, Part-II, Item 2, TMC No. [old No. 1846-A, new No. 2178 (house)], Part-III, Item 1 MH No. 202/235, Hindwadi Belgaum, Item 2 MH No. 687/1 (Ravivarpeth), Item 4 CTS No. 1551 (open space) (Hindwadi). The plaintiff also filed a cross-objection with reference to three businesses mentioned in Part IV (Schedule B) namely Mahaveer Trading Company, Indu Oil Mill Company and Srikant Oil Company. The decree in respect of these companies has been granted and these companies have been held to be partnership concern. So far as Item 1 in Part VI (Schedule B), namely, goods-truck bearing No. MEI 7567 is concerned, separate regular first appeal being RFA No. 428 of 1993 was filed and the same has been disposed of with which we are not concerned.

(2). The real dispute between the parties is whether the properties for which a decree was pas

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