JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. This second appeal is filed by appellants who are LRs of plaintiff, challenging the judgment and decree dated 19.01.2013 passed in R.A.No.30/2004 by the Presiding Officer, Fast Track Court-I/II, Bijapur and the judgment and decree dated 27.03.1995 passed in O.S.No.312/1987 by the Prl. Munsiff Court, Bijapur.

2. Heard learned counsel for the appellants and learned counsel for the respondents.

3. The appellants are LRs of plaintiff and respondents are LRs of defendant.

4. The plaintiff filed a suit for partition and separate possession of his ½ share in the suit properties. The suit properties are (i) R.S.No.500/1+2/A measuring 13 acres 02 guntas and (ii) R.S.No.500/1+2/B measuring 04 acres 08 guntas.

5. It is the case of the plaintiff before the Trial Court that plaintiff and defendant are full brothers and their father Jatteppa died 15 years ago and the suit lands are ancestral properties of the parties to the suit and they constitute a Joint Hindu Family and there was no partition between them. The further case of the plaintiff is that in the year 1944, the plaintiff was minor and at that time the family of the plaintiff was in financial diffic