The XXVIII Addl. City Civil Judge, Mayohall, Bengaluru, by his judgment dated 26.9.2012 decreed the suit of the plaintiffs, O.S.16736/2005 for partition and separate possession of their 1/7th share in the suit schedule properties. Aggrieved by this judgment, the third defendant has preferred this first appeal.

2. For sake of convenience, the parties are referred with respect to their position in the suit. The suit was filed in respect of 11 items of property described in the schedule of the plaint (referred to as ‘the suit property’ hereafter). The plaintiffs 1, 2 and 3 are the sons of first defendant Gurumurthy Reddy. The plaintiffs 4 and 5 are the sons of second defendant Rajagopala Reddy. The plaintiffs pleaded that their grandfather was one Chikkaramaiah Reddy and that he owned number of immovable properties. He died intestate. No partition had taken place during his lifetime. On 8.9.1986 there took place a partition among defendants 1 to 3 and in this partition, properties described in schedule ‘A’ of that partition deed fell to the share of first defendant, schedule ‘B’ properties fell to the share of second defendant and schedule ‘C’ properties fell to the share of