Mrs. K.S. Mudagal, J.—This first plaintiff’s appeal arises out of judgment and decree dated 19.01.2011 passed by the XXII Additional City Civil Judge, Bengaluru in O.S. No. 6906/2006. By the impugned judgment, the trial Court has dismissed the suit of the appellant/plaintiffs for partition and separate possession of their legitimate share in the suit schedule property, for mesne profits and for permanent injunction against the defendants from interfering with the possession of the properties of their shares.

2. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court. The subject matter of the suit is site bearing old No. 10, new Municipal No. 15/1 PID No. 82-41-15/1 situated at LBS Nagar, 3rd Cross, Indiranagara, Bengaluru measuring 20 x 30 feet with a building situated thereon.

3. The plaintiffs case in brief is as follows:

The plaintiffs and defendants No. 2 and 3 are the sons and daughters of first defendant. Plaintiffs, defendants and their father J.V.Somanath constituted joint family and J.V.Somanath was the kartha of the joint family. They owned ancestral property bearing Sy. No. 233/1B situated at Irunampattu vi