1. This regular second appeal is preferred by the appellants being aggrieved by the judgment and decree dated 5.1.2007 passed by the Court of Addl. District Judge, Fast Track Court No.IV, Bangalore Rural District, Bangalore in R.A.No.21/1999 setting aside the judgment and decree dated 29.9.1999 passed by the Court of the II Addl. Civil Judge (Sr.Dn.), Bangalore Rural District in O.S.No.153/1992.

2. The appellants were the defendants 1 and 2 in the trial Court and respondents in the first appellate Court.

3. Respondent No.1 herein was the plaintiff in the trial Court and appellant in the first appellate Court. Respondent No.2 herein was defendant No.3 in the trial Court and respondent No.3 in the first appellate Court.

4. The plaintiff has filed a suit before the trial Court for partition and separate possession of his 1/3rd share in the suit schedule properties. Suit schedule properties are one landed property and two house properties as shown in the schedule to the plaint. It is the case of the plaintiff that plaintiff and defendants 1 and 2 are brothers and they constitute an undivided Hindu joint family. The father of the plaintiff and defendants namely late Chinnappa