JUDGMENT :

ASHOK S. KINAGI, J.

1. This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 26.11.2012 passed in R.A.No.58/2011 by the learned Senior Civil Judge and JMFC, Chintamani, and the judgment and preliminary decree dated 03.09.2011 passed in O.S.No.404/2008 by the learned Additional Civil Judge and JMFC, Chintamani.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the plaintiffs, and the respondents were the defendants.

3. Brief facts, leading rise to the filing of this appeal, are as follows:

The plaintiffs filed a suit against the defendants for partition and separate possession. It is the case of the plaintiffs that the plaintiffs are the children of Muniyappa i.e., defendant No.1. The suit schedule property was purchased by defendant No.1 out of the joint family nucleus and the said property is the joint family property of the plaintiffs and defendant No.1. The plaintiffs and defendant No.1 are the members of the Hindu undivided family, and no partition is effected. It is contended that defendant No.1 had no right to execute a registered sale deed in favour of defendant