Abdul Nazeer, J.

This appeal is directed against the judgment and decree in R.A.No.39/2002 dated 22.12.2009 on the file of the Fast Track Court-II, Dharwad, whereby the judgment and decree in O.S.No.80/1977 dated 25.9.2002 on the file of the Additional Civil Judge (Sr.Dn.) at Hubli has been set aside. The appellants were the defendants in the suit and the respondents were the plaintiffs. For the sake of convenience, the parties are referred to by their respective ranking before the Trial Court.

2. The plaintiffs filed the above suit for partition and separate possession of the suit schedule property. The genealogical tree of the family is as under:

Neelappa Havalappa Boli (Dead)

Ningappa (Dead) Basavanneppa Mahadevappa

Honnappa Gundappa MahalingappaShivalingappa Shekappa

(D-1) (D-2) (P-1) (P-2) (P-3) Yellappa DoddakoteppaSannokoteppaShankrappa (D-3)(D-4) (Dead) (D-7) Parvatevva (D-5) Mahantappa (D-6)

It is contended that the suit properties are ancestral properties of the joint and undivided

Hindu family of the plaintiffs grand father Neelappa. He died on 21.6.1955 leaving

behind him his three sons, Ningappa, Basvanneppa and Mahadevappa. Mahadevappa

was the genitive father of