1. This is defendant No.2's Appeal filed under Section 96 of the Code of Civil Procedure, challenging the impugned judgment and decree dated 20.2.2009 made in O.S. No.2010/1997 on the file of XXXVIII Addl. City Civil Judge, Bangalore City.

2. For the purpose of convenience and better understanding, 'the appellant' and 'the respondent Nos.1 to 3' are hereinafter referred to as 'defendant No.2' and 'plaintiff Nos.1 to 3', respectively.

3. Brief facts of the case leading to the filing of the Appeal may be stated as under:

On 11.3.1997, plaintiffs filed a Suit against the defendants for partition and separate possession of half share in the suit schedule house property, mesne profits from the date of Suit till plaintiffs are put in separate possession of their share and for permanent injunction restraining defendants from alienating the suit schedule property till plaintiffs are put in separate possession.

It is the case of the plaintiffs that T.S. Ananda (husband of plaintiff No.3 and father of plaintiff Nos.1 and 2) and defendant No.2/T.S. Prakash are the children of defendant No.1/T.D. Somasundaram, who was the Kartha of the Joint Hindu Family. T.S. Ananda died on 19.6.1977. It