JUDGMENT :

N.S. Sanjay Gowda, J. –

1. This appeal is by the plaintiffs who are aggrieved by dismissal of their suit O.S.No.1721/2005 in which they had sought for partition of two agricultural properties and herein after referred to as Schedule A and B properties.

2. For the sake of convenience, the parties are referred to by their ranks in the Trial Court.

3. The plaintiffs are the sisters of defendant No.1, who is their only brother.

4. The admitted relationship of the parties are as follows:

5. Plaintiffs, the five daughters of Kempaiah, namely Hanumamma (plaintiff No.1), Lakshmamma (plaintiff No.2), Jayamma (plaintiff No.3), Chandramma (plaintiff No.4) and Savithri (plaintiff No.5) initially filed the suit against their brother B.K.Ramaiah (defendant No.1) seeking for partition of two agricultural properties. Subsequently, Kalpana (daughter of Kempamma, the third daughter of Kempaiah) was impleaded as defendant No.2.

6. Since Lakshmamma, the second daughter of Kempaiah died during the pendency of the suit, her children came to be impleaded as plaintiffs 2 (a) to (d). Lakshmamma s anot