This appeal is filed by the defendant No.2 being aggrieved by the judgment and Order dated 09.01.2018 passed in R.A.No.02/2015 on the file of II Additional District and Sessions Judge, Kodagu, Madkeri sitting at Virajpet (hereinafter referred as 'the First Appellate Court') by which the First Appellate Court while allowing the said appeal set aside the judgment and decree dated 10.08.2015 passed in O.S.No.50/2009 on the file of Senior Civil Judge and JMFC, Virajpet by which the suit of the respondent had been dismissed and consequently decreed the suit of the plaintiff in part holding that the plaintiff is entitled for 1/10th share in the suit properties.

2. The above suit in O.S.No.50/2009 was filed by the plaintiff-respondent No.1 against the appellant and respondent Nos.2 to 5 for relief of partition and separate possession for 1/5th share in the schedule properties. It is the case of plaintiff that she is sister of the defendants and daughter of one late Thomas John who died intestate leaving behind plaintiff and defendants as his legal heirs to succeed to the suit schedule properties of the late Thomas John and that same formed joint family properties of the plaintiff