JUDGMENT

Dr. AR. Lakshmanan, J.-This appeal is directed against the judgment and order dated 21.4.1994 passed by the High Court of Karnataka at Bangalore in R.F.A.No. 247 of 1982 wherein the Division Bench of the High Court affirmed the judgment and decree of the Principal Civil Judge, Mysore. While dismissing the appeal filed by the appellants the Division Bench affirmed the judgment and decree dated 12.2.1982 passed by the Principal Civil Judge, Mysore in O.S.No. 69/1972 wherein the trial Court decreed the suit for partition filed by the plaintiff in respect of Item Nos. 2, 3 and 4 of plaint schedule properties and for possession in respect of Item Nos. 2, 3 and 4 and dismissed the suit in respect of Item No. 1 of plaint schedule properties.

2. The brief facts for the purpose of filing this appeal in short are as follows :

Late Sattar Abba Sait filed a suit for partition and separate possession of the plaint schedule properties into two equal shares and to put the plaintiff in separate possession of his half share after dividing the schedule properties comprising of each property owned by the then joint family of Abba Sait.

3. Defendants 1-4 filed written statements denying the plain