M. B. VISHWANATH, J.

( 1 ) THE appellants in this appeal under Section 100, C. P. C. are the plaintiffs. The present respondents are the defendants. The first respondent-first defendant, who is the contesting party, is since deceased and his L. Rs. have been brought on record.

( 2 ) THE plaintiffs filed the suit O. S. No. 32/1982 before the Principal Munsiff, Bellary, for partition and separate possession of their 2/3 share in the suit schedule property bearing D. No. 64, Ward No. XIV situated within the municipal limits of Bellary City. The trial Court dismissed the suit for partition.

( 3 ) THE plaintiffs filed appeal in R. A. No. 17/1989 on the file of the Civil Judge, Bellary.

( 4 ) THE appeal filed by the plaintiffs was dismissed by the first appellate Court by its judgment dated 12-6-1991, i. e. , the first appellate Court confirmed the judgment and decree passed by the learned Munsiff.

( 5 ) AT the outset it should be observed that both the Courts have come to the conclusion that the plaintiffs are entitled to 2/3 share in the suit schedule property, but they dismissed the suit of the plaintiffs solely on the ground that the plaintiffs had not prayed for cancellation of the s

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