( 1 ) THIS appeal by defendants 1 and 2 is preferred against the judgment and decree dated 17-9-1987 passed by the learned Civil Judge, bhadravathi in O. S. No. 69 of 1982. At the stage of admission, respondents 1 to 4 and 6 have put in appearance through a counsel. Respondents 5 and 7 are neither served nor represented. After hearing both the sides, we are of the view that the appeal can be disposed of at this stage as the modification of the decree agreed to by the plaintiffs 1 to 4 (respondents 1 to 4 in the appeal) does not affect the appellants and respondents 5, 6 and 7. On the contrary, it will benefit respondent Nos. 5 and 6 (plaintiff Nos. 5 and 6), therefore, we have dispensed with the service of notice on respondents 5 and 7 and heard the appeal.

( 2 ) THE suit was filed for partition and separate possession of 22/26th share in the suit properties mentioned in suit schedules 'a', 'b', 'c' and 'd', and mesne profits from the date of the suit till the date of the delivery of possession. The trial Court has decreed the suit in the following terms; "in the result, the suit of the plaintiffs is hereby decreed with cost. Each plaintiff 1 to 4 and defendant Nos. 1 and