JUDGMENT :

Challenging the Judgment and Decree dated 08.02.2013 passed by the Principal Senior Civil Judge & JMFC Court, Hospet, in R.A.No.45/2012, this appeal is filed by the plaintiffs. The appellants herein were plaintiff Nos.1 and 2 in O.S.No.48/2011, respondent Nos.1 and 2 in R.A.No.45/2012. The respondents herein were defendant Nos.1 to 3 in the suit and appellant Nos.1 to 3 in R.A.No.45/2012. The parties will hereinafter be referred to as per their respective ranks before the trial Court.

2. Brief facts leading to this appeal are that, the plaintiffs filed O.S.No.48/2011 against the wife and children of their brother Sri. Fakirsab, seeking for partition and separate possession of 1/4th share each out of the suit schedule properties of their father – Sri. Gurusab @ Gudusab. It was stated in the plaint that the propositus one Sri. Janglisab died about 50 years back. He had two sons i.e. Gurusab @ Gudusab and Jummavu. Jummavu died during 1970 unmarried and without any issues. Gurusab died in the year 1980. His wife Yamanbee had predeceased Gurusab. They had one son and two daughters namely Fakirsab, Allevva and Fatima. Their brother Fakirsab died in 2008 leaving behind his wife H