1

     In The High Court Of Karnataka At Bangalore

        Dated This The 19Th Day Of February 2013

                             Before

            The Hon'Ble Mr. Justice Subhash B Adi

          Regular First Appeal No.683/2003
                        C/W
    Regular First Appeal Cross Objection No.3/2004


In R.F.A.No.683/2003

Between :

1     S P Subba Rao
      Major

     Since Dead By His Lrs

     1(a)    S.Narayana Rao
             Aged About 58 Years

     1(b)    S.Ramakrishna Rao
             Aged About 54 Years

     1(c)    S.Raja Rao
             Aged About 52 Years

     1(d)    S. Prakash Rao
             Aged About 50 Years

     All Are Sons Of Late Subba Rao
     All Are R/At Vidyanagara
     Krishna Badvane
     Sira Town, Sira Taluk
     Tumkur District - 572 137
                                 2

2       S P Siddrama Rao

3       S P Shivaji Rao

4       S P Rama Rao

5       S P Deva Rao

        All Are Majors And S/O Late S.B.Panduranga Rao
        No.1,3 And 4 Are Residents Of Sira Town
        No.2 Is Residing In Bangalore
        No.5 Is Residing At
        Chikkanahalli, Sira Town              ...Appellants

(By Sri. S R Krishna Kumar, Adv., A/W
Sri. Udaya Holla, Sr. Counsel )


And :

1       M Lakshmana Rao

2       M Siddoji Rao

3       M Deva Rao

4       M Ramesh Babu

5       M Harinatha Rao

6       M Sridhar

7       M Deepak


All Are Majors And
S/O Late Mallaiah Rao
All Are R/At Balaji Nagar,
Sira Town                                   ...Respondents

(By Sri. M K Bhaskaraiah, Adv., A/W
 Sri. Yoganarasimha, Sr. Counsel For C/R-1To R-7 )
                                3


In R.F.A.Cr.Ob.No.3/2004

Between :

And :

1       M Lakshmana Rao

2       M Siddoji Rao

3       M Deva Rao

4       M Ramesh Babu

5       M Harinatha Rao

6       M Sridhar

7       M Deepak

All Are Majors And S/O Late Mallaiah Rao
All Are R/At Balaji Nagar,
Sira Town , Tumkur District.            ...Cross Objectors

(By Sri. Vardhaman V Gunjal, Adv., A/W
 Sri. Yoganarasimha, Sr. Counsel )

And :

1       S P Subba Rao

2       S P Siddrama Rao

3       S P Shivaji Rao

4       S P Rama Rao

5       S P Deva Rao

        All Are Majors And S/O Late S.B.Panduranga Rao
        No.1,3 And 4 Are Residents Of Sira Town
                                      4

         No.2 Is Residing Chikkanahalli,
         Sira Taluk, Tumkur District.                   ...Respondents

(By Sri. S R Krishna Kumar, Adv., A/W
Sri. Udaya Holla, Sr. Counsel For R-1 To R-5 )


      Rfa No.683/2003 Is Filed Under Section 96 Of Cpc Against
The Judgment And Decree Dated 27.3.2003 Passed In
O.S.No.75/95 On The File Of The Civil Judge (Sr.Dn.), Madhugiri,
Partly Decreeing The Suit For Partition And Separate
Possession.

     R.F.A.Cr.Ob.3/2004 Is Filed Under Order 41 Of Rule 22 Of
Cpc Against The Judgment And Decree Dated 27.3.2003 Passed
In O.S.No.75/1995 On The File Of The Civil Judge (Sr.Dn.)
Madhugiri, Partly Decreeing The Suit For Partition And
Separate Possession & The Cross-Objectors Herein Prays To
Set Aside The Findings With Respect To The Item Nos. 3,4 & 5
Of The Plaint Schedule.

     These Appeal And Cross Objection Coming On For
Hearing This Day, The Court Delivered The Following:

                            Judgment