JUDGMENT

1. The plaintiffs are the appellants who have invoked Sec. 96 of the Code of Civil Procedure, 1908.

2. To appreciate the facts, it is necessary to refer to the genealogy of the parties, which is as under: Veerappa Maharudrappa Uppin (Dead)=Basamma (Dead) Sidmallappa Madiwalappa Died 3/3/1989 Died 4/6/1982 =Shakuntala =Manutai (Died 1/9/97) (Died 4/12/1996) Bharat Shashidhar Shivakumar Swarnalata Died 5/2/69 (Deft 1) Died 4/7/2000 (Deft-8) =Sarojini =Sudha =Rajeshwari (Plff-1) (Deft-2) (Deft 5) Nivedita Nikhil Shailesh Ajay Alpana (Plff-2) (Deft-3) (Deft-4) (Deft-6) (Deft-7)

3. Certain admitted facts are as under:

a) The 1st respondent of this appeal - Shashidhar, who is the son of Madiwalappa Uppin, filed a suit for partition in O.S.No.67/1970, on the file of the Principal Civil Judge (Sr.Dn.), Belagavi. The present plaintiffs/appellants were parties to the said suit. On 14/9/1971, the said suit ended in a compromise. In terms of the settlement arrived at, among the parties to the said suit, Madiwalappa Uppin was allotted the properties bearing CTS No.3536 of Belagavi and lands bearing Rs. No.4/2, 4+5, 4/7+3 of Deshnur, Tal: Bailhongal and land bearing Rs. No.138 measuring