This regular first appeal has been heard afresh pursuant to the directions issued by the Hon’ble Supreme Court in Civil Appeal No.67/2016, dated 04/01/2016.

2. This appeal is filed by the defendants, in O.S.No.456/1988, being aggrieved by the judgment and decree passed by the III Additional Civil Judge, Bijapur, dated 29/06/1996. That suit was filed by the respondents/plaintiffs seeking the relief of partition, separate possession and declaration.

For the sake of convenience, the parties herein shall be referred to, in terms of their status before the trial Court.

3. The respondents/plaintiffs filed the suit in respect of two landed properties bearing RS.Nos.116 and 246, measuring 28 acres 30 guntas and 28 acres 11 guntas, respectively situated at Bidarkundi Village and suit houses bearing MPC Nos.75 and 76, (hereinafter referred to as “the suit schedule properties”). According to the plaintiffs, one Imamsa was the original propositus, he had two sons namely, Chandsa and Lalsa. Lalsa, the second son of the original propositusImamsa, died long ago without having any legal heirs. Chandsa had two wives namely, Anasarama and Rajama. Through Ansarama, Chandsa, begot a son, Nabisa