JUDGMENT

H.P. Sandesh, J. - This Regular First Appeal is filed challenging the Judgment and decree of the dismissal of the suit passed in O.S. No. 112/1994 dated 13.07.2005 on the file of the II Additional Civil Judge (Sr. Dn.), at Dharwad.

2. The parties are referred in the original rankings for the convenience of the Court in order to avoid confusion.

3. The factual matrix of the case of the plaintiffs before the trial Court seeking for the relief of partition and separate possession of their half share in the suit schedule properties. It is contended by the plaintiffs that, the suit schedule properties are the house properties situated at Navalagund, district Dharwad comprising of CTS number in detail, in total five suit schedule properties and the suit schedule properties are the residential house and the open space, Darga, Burial ground, etc., It is contended by the plaintiffs that the suit properties are the ancestral properties of the plaintiffs and the defendant Nos. 1 to 8 and no partition has been taken place between the plaintiffs and the defendants in respect of the suit schedule properties and that they are enjoying the suit schedule properties as tenant in common. The pa