RFA No.100242/2016 is filed by defendant No.5 and

RFA No.100243/2016 is filed by defendant No.6

challenging the judgment and preliminary decree dated

27.06.2016 passed in O.S.No.209/2012 on the file of

the Principal Senior Civil Judge and JMFC, Hubballi.

For the sake of convenience, parties are referred to as

per their rankings before the trial Court.

The appellant in RFA No.100242/2016 is defendant

No.5, respondent No.1 is the plaintiff, respondents

No.2 to 6 are defendants No.1 to 6. The appellant in

RFA No.100243/2016 is defendant No.6, respondent

No.1 is the plaintiff and respondents No.2 to 6 are

defendants No.1 to 5.

The brief facts leading rise to the filing of these appeals

are as under:

- 5 -

4.1. The plaintiff filed a suit for partition and separate

possession in respect of the suit properties. It is

the case of the plaintiff that, the original

propositus was one late Ramchandra Dasappa

Binge was having wife by name Annapurna and

they

had

three

sons

namely,

Gnayeshwar

(plaintiff), Srinivas and Renuka. Defendant No.1

is the wife of Srinivas, defendant Nos. 2 to 4 are

the children of late Srinivas. The original

propositus died on 05.08.1973, leaving behind his

thr