JUDGMENT :

A. The Appeals:

1. These Appeal Suits and Cross Objection arise out of the common judgment and decree, dated 04.08.1997, passed by the learned Subordinate Judge, Hosur in O.S.No.471 of 1996 and in O.S.No.141 of 1996 and as such, are taken up for disposal together by this Common Judgment.

B. The brief facts leading to the litigation are :

2. (i) One Ramayya, Lakshmanayya and Narayanappa were brothers. Their parents died at a very young age. Ramayya, the eldest in the family was the kartha of the family. It is admitted that suit ‘A’ Schedule properties are their ancestral properties. ‘B’ Schedule properties are purchased in the name of Ramayya, the Kartha. ‘C’ Schedule properties are purchased in the name of his son, Ellappa. The siblings, lived truly as a Joint Hindu Undivided Family, for a long time and finally, a dispute arose in the year 1991 – 1992, when properties were purchased in the name of Ellappa, son of Ramayya, the Kartha, when they were all aged more than 70 years.

(ii) The three brothers agreed that the partition be effected by appointing Panchayatars and a Muchalika was also written on 16.06.1992 to leave the disputes to their decision.

(iii) It is at this stage