JUDGMENT :

K.S. HEMALEKHA, J.

Both these appeals arise out of the impugned judgment and decree dated 10.09.2001 passed in O.S.No.155/2001 by the Civil Judge, Senior Division, Muddebihal (for short the trial Court’), whereby the suit for partition and separate possession in respect of the suit schedule immovable properties filed by the plaintiffs (respondent Nos.1 to 6 in both the appeals) against the appellants-defendant Nos.2 to 11 and respondent No.7-defendant No.1 was decreed by the trial Court in favour of the plaintiffs against the defendants.

2. RFA No.1012/2001 is preferred by defendant Nos.3 to 7 and 11, while RFA No.23/2002 is preferred by defendant Nos.8 to 10.

3. The fact leading to the present appeals may be briefly stated as under:

Respondent Nos.1 to 6 – plaintiffs presented the plaint claiming partition and separate possession of their alleged 8/9th share in the suit schedule immovable properties and for other relief’s. Plaintiff Nos.1 to 3 and 5 and 6 claimed to be the children of defendant No.1 -Bhimappa Nagappa Waddar, while plaintiff No.4 – Smt.Janaki Bai was his wife. Defendant No.1 remained ex-parte in the suit and did not contest the same. Defendant Nos.2 to 11 wer