JUDGMENT/ORDER

1. Heard Sri Prabhugoud B Tumbigi, learned counsel for the appellants and learned counsel Sri Sanjay Kumar, for K.S. Bheemaiah, learned counsel for respondent Nos.1 (A & B). Perused the records.

2. The appeal is directed against the judgment and decree passed in O.S.No.7/2000. Parties are referred to as plaintiffs and defendants as per their original ranking before the Trial Court for the sake of convenience.

3. A suit came to be filed by the plaintiffs seeking partition of her 1/3rd share after deducting the area sold by father of the first plaintiff. It is contended in the plaint that defendants belong to Maneyapanda family of Kodava race governed by Hindu Law. Sri. Thammaiah is their common ancestor and he had three sons, namely:

Ponnappa, Nanjappa and Subbaiah. Among them, Ponnappa had two sons by name Kaverappa and Thammaiah. Kaverappa died leaving behind his two sons namely; Poovaiah and Kushalappa. Thammaiah had two sons by name Muthappa and Ponnappa. Nanjappa had only one son by name Appachu. Said Appachu died leaving behind his daughter Sabitha, who is the first plaintiff. Subbaiah had only one son by name Chengappa.

He also died leaving behind his only son Su