Mohan M. Shantanagoudar, J.

This is plaintiffs' appeal against the judgment and decree of dismissal dated 25.10.2006 passed in O.S. No. 300/1998 by the Court of II Additional Civil Judge (Sr.Dn.), Mangalore.

2. The case of the plaintiffs is that plaintiffs 1 to 59 and defendant Nos. 1 to 7 and 9 are the members of Aliyasantana family governed by Aliyasantana law of inheritance; plaintiffs 1 to 46 constitute the members of Kavaru (branch of family) headed by one Korapolu Hengasu. Plaintiffs 47 to 57 and defendant No.9 constitute members of another branch represented by Poovake Hengasu; plaintiffs 58 and 59 belong to the branch of one Veeramma. Defendants 1 to 7 are the wife and children of Nissanthathi Kavaru member by name Kanthappa Adappa. Defendant No. 8 is the purchaser of 'C' Schedule property from Kanthappa Adappa. Since one member of Povakke's branch by name Seetharama was not willing to join as plaintiff, he was arrayed as defendant No.9. One of the sons of Veeramma by name Suresh is stated to be unheard off for more than last 15 years and therefore he is presumed to be dead and is not made as party to the suit.

The partition has taken place in respect of the family pro