JUDGMENT :

G. BASAVARAJA, J.

1. Heard learned counsel for the appellant and learned counsel for respondents on admission.

2. The appellant has preferred this appeal against the judgment and decree passed by the Principal Civil Judge (Sr. Dn.), Hirekerur, in O.S. No.16/2006 dated 08.01.2010, which was confirmed by the First Appellate Court, i.e., the Fast Track Judge, Ranebennur, in R.A. No.40/2010 dated 30.08.2012.

3. The parties are referred to as per their ranks before the trial Court.

4. Brief facts leading to filing of this case are that the plaintiffs filed a suit seeking a declaration that the sale deed executed by Hanumanthappa A/F Bhimappa Joger is illegal and not binding on their share, and for partition and separate possession of their share in the suit schedule properties, as well as for a permanent injunction restraining defendants Nos.2 to 6 from interfering with their peaceful possession and enjoyment of the suit schedule properties.

5. It is the case of the plaintiffs that the propositus of the plaintiffs and defendant No.1, namely Hanumanthappa @ Bhimappa Joger, died on 20.06.1967. The plaintiffs and defendants are the children of the said Hanumanthappa. Defendants Nos.2