JUDGMENT :

This second appeal is filed challenging judgment and decree dated 29.09.2006 passed in R.A.No.213/2004 on the file of the II Additional District Judge, Tumakuru and confirm the judgment and decree dated 13.10.1997 passed in O.S.No.9/1993 on the file of the Munsiff and J.M.F.C., Koratagere.

Heard the learned counsel for the appellants and learned counsel for the respondents.

2. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

3. The factual matrix of the case of the plaintiffs, while seeking the relief of partition and separate possession of their 2/3rd share in the suit schedule property is that suit schedule property is the ancestral Hindu Joint Family property i.e., the plaintiffs and second defendant. The plaintiffs and second defendants were in joint possession of the suit schedule property. The family of the plaintiffs and second defendant was in affluent circumstances and there was no need to the family to incur the debts. The first defendant is a stranger to the family and second defendant has no exclusive right and possession over the suit schedule property to sell the same. The