ORAL JUDGMENT :

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), by the defendant Nos.1 to 5 calling in question the judgment and decree dated 22.06.2022 passed in OS No.25/2014 by the Senior Civil Judge, Bailhongal (for short, ‘the Trial Court’), whereunder, the suit for partition and separate possession filed by the plaintiffs/respondent Nos.1 to 9 herein has been decreed by the Trial Court.

2. The parties will be referred to as per their ranks before the Trial Court for the sake of convenience.

3. It is the case of the plaintiffs that the propositus namely Abdulraheem died on 13.12.1984, and his wife Jaibunissa died on 25.08.1997. The genealogy of the parties is extracted hereunder for reference:

4. It is the further case of the plaintiffs that the properties of the propositus, not having been divided or partitioned, the parties are in joint possession and enjoyment as tenants in common and hence, the plaintiffs filed the suit for partition seeking for their 2/8^th share in the suit schedule property.

5. The defendant Nos.1 to 5, 13, 14 and 15 entered appearance through their couns