JUDGMENT :

The present appeal has been filed by the plaintiffs aggrieved by the dismissal of their suit in O.S.No.2201/1995.

2. The parties are referred to by their rank before the trial Court.

3. The plaintiffs who are children of late R. Nagaraju, the son of late L.Rangappa have filed a suit for declaration that they are entitled for partition to an extent of one-fourth share in schedule ‘A’ property, one-half share each out of schedule ‘B’ property and one-half share in schedule ‘C’ property and seek for a decree to put them in possession with respect to their shares. Further, a declaration is sought that sale deed executed by defendant Nos.1 to 4, viz., wife and children of late L.Rangappa in favour of defendant No.5 is not binding on the plaintiffs. The plaintiffs have also sought for an order of permanent injunction to restrain the defendants from interfering with the peaceful possession and occupation of second floor of schedule ‘A’ property.

4. It is stated that late L.Rangappa had acquired the schedule properties and was residing alongwith his children as a Hindu undivided joint family governed by ‘Mithakshara law’. The defendant Nos.1 to 4 who have been arrayed in the suit ar