JUDGMENT :

P.N. DESAI, J.

RFA No.100309/2017 is filed assailing the judgment and decree passed in O.S.No.83/2015 dated 30.11.2016, by the I Addl. Senior Civil Judge, Gokak.

2. RFA No.100234/2018 is filed challenging the final decree dated 23.3.2018, passed in FDP No.9/2017.

3. At the stage of admission itself, by consent of both the sides, we have heard the learned counsel appearing for both the parties.

4. The appellants in both appeals were defendants No.1 and 2 before the trial Court and respondents were the plaintiffs No.1 to 3. For the sake of convenience, they will be referred as per their respective ranks before the trial Court.

5. The brief plea of the plaintiffs before the trial Court is that, the plaintiffs and the defendants are brothers and sisters, they belong to Muslim caste and governed by Mohammedan Law. It is stated that, the propositus of plaintiffs and defendants died on 17.6.1995 leaving behind his wife and children as legal heirs. The defendants without the consent and knowledge of the plaintiffs got mutated their names to the suit schedule properties. The plaintiffs demanded their legitimate share but as the defendants denied, this suit for partition and separate po