JUDGMENT :

P.N. DESAI, J.

1. This appeal lays challenge to the judgment dated 26.08.2009 passed by the learned IV Addl. District Judge, Gulbarga in R.A. No. 116/2006, wherein the appeal filed by the plaintiff against the judgment and decree in O.S. No. 246/2001 dated 10.06.2006 is allowed.

2. The appellant was defendant No. 2 before the trial court and respondent No. 1 was the plaintiff before the trial court. Respondent No. 3 is defendant No. 3 before the trial court.

3. The parties will be referred as 'plaintiff and 'defendants' as per their respective ranks before the trial court.

4. The brief case of the plaintiff before trial court is that the plaintiff is sister of defendant No. 1. Suit properties bearing Sy. No. 93, Hissa No. 1/1 measuring 8 acres 15 guntas and house property bearing No. 1-92/1 are situated at Itga (K) Tq. Gulbarga, are the ancestral properties of their father. Their father Omkarappa was in possession and enjoyment of the properties. Thereafter, he died. Plaintiff and defendant No. 1 are the only legal heirs and both of them have got equal share in the suit properties. There is no family partition between plaintiff and defendant No. 1. The defendant No. 1 without