JUDGMENT :

(S.G. PANDIT, J.)

Plaintiffs No.2 and 3 in O.S.No.1043/1991 on the file of the XVIII Additional City Civil Judge at Bengaluru are before this Court in this first appeal filed under Section 96 of the Code of Civil Procedure , 1908, challenging the judgment and decree dated 14.12.2006 insofar as dismissing the suit in respect of items No.2, 6, 9, 9(a) and 9(b) of suit ‘D’ schedule properties and consequently praying to decree the suit as prayed.

2. The brief facts of the case are that, Originally, the first plaintiff, sister of defendants No.1 to 3 filed a suit for partition of suit schedule A to D properties. Defendant No.1 filed his written statement and defendants No.2 and 3 filed their written statement separately. Subsequently, defendants No.2 and 3, the other sisters of defendant No.1 transposed themselves as plaintiffs No.2 and 3.

3. The plaint averments would indicate that plaintiffs and defendants are the children of Late G.Hanumanthappa and Late Smt.G.Rangamma. The father and mother of the plaintiffs and defendant died intestate. It is averred in the plaint that the suit schedule properties are in joint possession and enjoyment of the plaintiffs and defendant. Furt