( 1 ) AT the stage of admission the respondent has put in appearance. Necessary records are also produced before us. Therefore, this appeal is admitted and heard for final disposal.

( 2 ) THIS appeal is preferred against the judgment and decree dated 30th january,1991 passed by the learned principal civil judge, mandya in o. s. No. 139/1986. The appeal is preferred by defendants 1 and 2. The respondent is the plaintiff. The 1st defendant is no other than the father of the plaintiff and defendant No. 2. The suit was for partition and separate possession of the 1/3 rd share of the plaintiff. The suit properties consisted of moveables and immoveables. 'a' schedule consisted of immovable properties and *b' schedule consisted of movable properties. At the out set Sri M. Shivappa, learned counsel for the respondent submitted that even though the trial court has passed a decree and awarded 14rd share in the moveable properties as described in 'b' schedule, to the plaintiff, in the light of the evidence on record, the plaintiff gives up his claim for his share in the moveables. In view of this submission, we do not consider it necessary to examine the correctness of the finding r