JUDGMENT

This Appeal is preferred by defendant No.1, challenging the judgment and decree dated 1st September, 2017 passed in Original Suit No.104/2014 on the file of the Additional Senior Civil Judge and JMFC., Mudhol (for short, hereinafter referred to as ‘Trial Court’), decreeing the suit of the plaintiffs holding that, the plaintiffs and defendant No.1 are entitled for 7/18th share each and defendant Nos.9 to 11 are entitled for 1/18th share each in the suit schedule property.

2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

3. It is the case of plaintiffs that, the plaintiff No.1 is wife of Abhasaheb and plaintiff No.2 is the son of late Abhasaheb and plaintiff No.1. It is the case of the plaintiffs that, the original propositus Shivappa Patil had two wives. Smt. Parvatibai is second wife of the original propositus. It is stated in the plaint that, Shivappa Patil and Parvatibai had 07 children namely Smt. Tarakka, Appasaheb, Basavaraj (