1. This appeal is preferred by the defendant Nos.1 to 4 against the judgment passed by the Court of the V Additional Sessions Judge, Mysore in R.A.No.434/2012. During the pendency of the appeal, defendant No.2 died.

2. The facts of the case in brief are that the respondent Nos.1 and 2 filed O.S. No. 494/2004 against the appellants and five others seeking the relief of partition and separate possession of half share of the second plaintiff in and upon the plaint schedule property. They have also sought the monthly maintenance of Rs.4,000/- for the first plaintiff. Further, they sought perpetual injunction for restraining the defendant Nos.1 to 4 from alienating the plaint schedule properties to defraud the rights of the plaintiffs. The plaintiff No.1 claims to be the second wife of the defendant No.1 and that the plaintiff No.2 is born in the relationship between the plaintiff No.1 and the defendant No.1. The defendant No.2 is the first wife of the defendant No.1 and the defendant Nos.3 and 4 are the daughters born in the wedlock between the defendant Nos.1 and 2. The defendant Nos.1 to 4 have filed the written statement denying the plaint averments, particularly the claim