Anand Byrareddy, J.

Heard the counsel for the parties.

2. The facts as are necessary for the disposal of the present appeal are as follows:

The appellants herein were the plaintiffs before the trial court and the respondents were the defendants. They are referred to as plaintiffs and defendants, respectively, herein, for convenience. The suit was for partition and separate possession of the plaintiffs' 4/5th share in the suit schedule properties and consequential reliefs. The plaintiffs claimed that their father, Sannappa, died about 13 years prior to the suit, leaving behind the first defendant, their mother, and the plaintiffs to succeed to his estate, as he had no male issues. It is the case of the plaintiffs that they were each entitled to an equal share, along with the first defendant to the same. It was alleged that the first defendant had sold item No.1 of the suit schedule properties in favour of the second defendant, which was not in the interest of the plaintiffs and it was therefore contended that the said alienation would not affect their original share in the suit properties. And as there was a threat of the first defendant proceeding to alienate the other