Judgment :

Dr. Mukundakam Sharma, J.

1. Leave granted.

2. This Special Leave Petition is directed against the judgment and order dated 16.11.2005 passed by the High Court of Karnataka allowing the appeal filed by the respondents herein ereby the High Court has restored the judgment and decree of the trial court. The respondents Nos. 1 to 8 were the plaintiffs before the trial Court and Usmansab Shaikaji Attar was the original defendant in the suit which was filed seeking a decree for partition and separate possession of alleged 7/8 th share in the suit property bearing CTS No. 883/A and 883/B, situated at Aralikatti Deshpande Galli, Belgaum. It was stated in the plaint that Shaikaji Attar, the father of the respondents and the original defendant had two wives, namely Halimabi and Roshanbi who was the plaintiff No. 1.

3. It was submitted in the plaint that Shaikaji Attar died in or around 1969 leaving behind his second wife Roshanbi, i.e. plaintiff No. 1, six sons i.e. plaintiff Nos. 2 to 6. and defendant No. 1 and two daughters i.e. plaintiff Nos. 7 and 8 and heir of pre-deceased son Umarsab.

4. In the said suit, the parties led evidence. The plaintiff No. 2 was examined as PW-1 and