JUDGMENT :

(M.G.S. KAMAL, J.)

This appeal is by the defendant No.1 since deceased by his legal representatives aggrieved by the judgement and decree dated 26.11.2013 passed in OS No.116/2007 on the file of Civil Judge, Sankeshwar (for short ‘Trial Court’), by which the suit for partition and separate possession filed by the plaintiffs/respondent Nos.1 and 4 herein came to be partly decreed allotting certain shares to the parties in the suit schedule properties which is confirmed with the modification by the judgement and order dated 20.03.2021 passed in RA No.5/2014 on the file of Senior Civil Judge, Hukkeri, Itinerary Court at Sankeshwar (for short ‘First Appellate Court’).

2. The above suit in OS No.116/2007 is filed by the plaintiffs/respondent Nos.1 and 2 herein in respect of nine items of landed properties and three items of house properties situated at Honnihalli village of Hukkeri Taluk, contending that, the same are the joint family properties. That one Mallappa had two wives by name Sonabai and Shivabai. Plaintiffs and defendants are the legal heirs of said Mallappa. Plaintiff Nos.1 and 2, defendant Nos.1 to 3 and 6 to 8 are the children of said Mallappa. The deceased Setteww