CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

Defendant No.2 and 3 in O.S.No.80/2017, have preferred this appeal against the judgment and decree dated 4^th March 2020, passed by the learned Senior Civil Judge, Bailhongal, (for short, `trial Court’). The plaintiffs have filed the suit for partition and it was partly decreed by the trial Court.

2. We refer to the parties as per their ranks before the trial Court.

3. The propositus of the family was one Goudappa Angadi. He was married to Smt.Neelawwa Angadi. Goudappa has two sons by name Basalingappa and Gangappa (plaintiff No.2). Plaintiff No.2 married to defendant No.4 Smt.Channawwa and from their marital life, they have three sons by name Basappa, Mahantesh and Madiwalappa (defendant Nos.1 to 3 respectively) and a daughter by name Neelawwa (plaintiff No.1).

4. Plaintiffs further contend that suit properties bearing Survey No.121/6, measuring 4 acres 24 guntas (excluding 6 guntas of kharab land) and Survey No.113, totally measuring 2 acres 6 guntas and out of which, gunta was phot kharab land, were ancestral properties of plaintiffs and defendant Nos.1 to 3. Plaintiffs succeeded to the said properties by M.E.No.6144 in the par