JUDGMENT :

V. SRISHANANDA, J.

Heard Sri G V Narasimhamurthy, learned counsel for the appellants and Sri S G Lokesh, learned counsel for respondent Nos.1 to 7.

2. The unsuccessful plaintiffs are the appellants who sued for partition in OS No.9/2016 which came to be dismissed and confirmed in RA No.173 of 2019.

3. Facts in nutshell for the disposal of the present appeal are as under:

3.1 In respect of the following immovable properties, a suit for partition and separate possession was filed by the plaintiffs contending that common prepositus by name Sanjeevappa had six children. One among them is Raghunath, who is the husband of plaintiff No.1 and father of plaintiff Nos.2 and 3. Defendant Nos.2, 3, 6, 7 and Padmavathi are other children of Sanjeevappa. Defendant Nos.4 and 5 are the children of Padmavathi, daughter of Sanjeevappa.

3.2 The suit schedule properties are joint family properties and no partition has taken place in respect of the suit properties.

3.3 Pursuant to the suit summons, defendant Nos.1 to 7 appeared through their respective advocates and it is only defendant Nos.3 to 7 who have filed written statement and defendant Nos.1 and 2 did not file any written statement.

4. In th