JUDGMENT

Jyoti Mulimani, J. - The appellants have filed this appeal challenging the judgment and decree dated 30.07.2005 passed by the learned Additional Civil Judge (Senior Division), Gokak, dismissing the appeal in R.A.52/2000 and confirming the judgment and decree dated 14.03.2000 passed by the learned Principal Civil Judge (Junior Division), Gokak, in O.S. No.267/1995.

2. It will be convenient to refer to the parties in their original characters of plaintiff/s and defendant/s bearing in mind that the plaintiff/s are now appellant/s and defendant/s are now respondent/s.

3. It is the case of plaintiff that the original propostius Laxmappa had three sons namely Fakirappa, Lakkappa and Balappa. Balappa had gone in adoption to one Balawwa in the same village. The original propositus Laxmappa died long back leaving behind his two sons Lakkappa and Fakirappa as his legal heirs. During the life time of original propositus, they formed a Hindu joint family and that the joint family possessed certain immovable properties. After the death of the original propositus, the father of plaintiff and father of defendant continued the joint family for some time. The father of the plaintiff died in