JUDGMENT :

This appeal is filed for praying to set aside the judgment & decree passed in RA No.11/2008 dated 31.10.2008 by learned Civil Judge, (Sr.dn.) & JMFC, Nagamangala and judgment and decree dated 12.12.2007 passed in OS.No.153/1999 by learned Civil Judge (Jr.Dn.) & JMFC, Nagamangala and prayed to dismiss the appeal.

2. The parties will be referred to as per their rankings in the trial Court.

3. The appellants were defendants No.1 & 3 and respondent No.1 was plaintiff in-O.S.No.153/1999. The defendant No.2-N.L. Srikanta son of Late N.H. Lingappa has not been arraigned as party in this second appeal. He was arraigned as respondent No.1 in the first appeal. Plaintiff had filed a suit for the relief of partition and separate possession of his 1/3rd share in all the suit schedule properties by meets and bounds and mesne profits. The plaintiff and defendants No.1 & 2 are brothers and their father died about six years prior to filing of suit leaving behind plaintiff and defendants No.1 to 3 as legal heirs to succeed his properties. The mother of the plaintiff and defendants also died five years prior to the filing of the suit. It is stated that during the life time of father they were