and point Nos. 2 and 3 in the negative and as per final order, allowed the said appeal and set aside the judgment and decree passed by the Trial Court in OS No.111/2002 dated 17.2.2003 and decreed the suit of the plaintiff with costs, holding that plaintiff has got 1/3rd share in suit schedule properties bearing RS No.212/3 and 212/5 of Havanagi, Hanagal Taluk and defendant Nos. 1 to 9 have 1/3rd share in suit schedule properties and that defendant No.10 is entitled to 1/3rd share in the said properties. Further, it is ordered that since suit schedule properties are assessed to land revenue by the Government, plaintiff is required to be put in possession of his 1/3rd share of those properties after partition being made by Deputy Commissioner, Haveri, or any gazetted subordinate of Deputy Commissioner, Haveri, deputed by him in this behalf in accordance with law, as per Section 54 read with Order 20 Rule 18 of CPC. Since no specific evidence is adduced by plaintiff with regard to second prayer of para No.16 of the plaint, has rejected the prayer of plaintiff for grant of mesne
