V. SURI APPA RAO J.-This appeal is filed challenging the Judgment and Decree dated 12th June 2008 passed in O.S. No. 111/1995 on the file of the II Additional Civil Judge (Sr. Dvn.), Belgaum, whereby the learned Civil Judge partly decreed the suit filed by the plaintiffs for partition of the schedule mentioned properties.

2. Being aggrieved by the Judgment and Decree passed by the Civil Judge, the defendant Nos. 1(b) to 1(e) and defendant Nos. 2 (a) to 2(e) have filed this appeal.

3. For the sake of convenience, the parties are referred to as they are arrayed in the suit.

4. The brief facts of the case are as under :

The propositus one Dongaru Devappa Maruche had three sons by name Laxman, Basawant and Yallappa. Laxman died in the year 1982 leaving behind the plaintiffs and defendant Nos. 3 to 6. After the death of Dongaru, the 2nd son Basawant was managing the affairs of the family as Laxman who was the eldest member of the family was not having worldly knowledge. Dongaru died leaving behind his three sons, who continued to enjoy his joint family properties. After the death of Laxman, the plaintiffs and defendant Nos. 3 to 6 continued to enjoy the joint family properties. The 1st defendant-Basawant was managing the joint family properties as Manager of Hindu Joint Family. Even during the life time of plaintiffs' father, plaintiffs requested for effecting partition in the joint family properties. But he was given some land and a residence without effecting partition. However, the family continued to be in joint and there was no partition in the joint family by metes and bounds. The properties mentioned in the Red colour in the map attached to the plaint were given to the plaintiffs for cultivation and enjoyment. The plaintiffs have also keeping household articles and agricultural implements in the said house and small residential house in Sy. No. 260/1 situated towards northern side. As the plaintiff was in service in the State of Maharashtra in various places, he used to visit to the native place during the vacations and holidays. His wife and children were cultivating the land given to him for enjoyment. In the year 1968, the 1st defendant started business in Belgaum under the name and style 'M/s. Basawant Dongaru Maruche & Brothers'. One Shivaji-son of the 1st defendant has took an area in the market yard and commenced the said business from out of the joint family funds. The agricultural produce of the joint family were sold through the said joint family shop and the members of the joint family used to take profit as and when they need money. Though the members of the family started separate mess, but there was no partition. The 1st defendant had purchased various properties including the property of one Upendra Naik out of the joint family properties and from out of the joint family funds. He also purchased movable properties from out of the joint family funds. The plaintiff was not knowing the properties which were purchased by the defendant as he was residing elsewhere. Therefore, all the movable and immovable properties are in the custody of the 1st defendant and his son by name Shivaji. The defendant detained good properties for their cultivation and given inferior lands to the plaintiff for cultivation. Instead of that, the defendants are hurdle and obstacles in enjoyment of the said lands. They have destroyed crops grown in the lands and harassing the plaintiffs by one way or the other. Prior to the filing of the suit, the defendants damaged the structure, i.e., house situated in R.S. No. 260/1 and removed the same in the absence of the plaintiffs. Thereafter, the plaintiffs demanded his appropriate share in the joint family properties but the defendants 1 to 3 denied the claim of plaintiffs and refused to effect partition. Therefore, the plaintiffs filed the suit for partition and separate possession of 12/23 share in the suit schedule properties by metes and bounds.

5. The 1st defendant resisted the suit filed