JUDGMENT/ORDER

1. The captioned appeal is filed by defendant No.4 feeling aggrieved by the concurrent findings of the Courts below, wherein the plaintiffs suit seeking relief of partition - 4 - RSA No. 878 of 2012 and separate possession is decreed granting 1/3rd share each to plaintiff Nos.1 and 2.

2. For the sake of brevity, the parties are referred as they are ranked before the Trial Court.

3. The genealogical tree of the family is as under;

4. One Kurigala Muniyappa is shown to be propositus, who had five sons. In the family tree, it is also indicated that two sons of Kurigala Muniyappa died issue less, therefore, only three branches of propositus - Kurigala Muniyappa are litigating the present suit. The branch of Nanjundappa and Kyathappa have filed the present suit for partition and separate possession contending that the suit schedule properties are joint family ancestral properties.

5. Defendant Nos.1 to 3, who represent the branch of Marappa, have not chosen to contest the suit, while defendant Nos.4 to 6, who are the purchasers, contested the proceedings and have also led in oral and documentary evidence. The Trial Court while answering issue Nos.1 and 2 in the affirmativ