This is a second appeal by the plaintiffs.

Smt.Parvatevva wife of Hanumappa Poojari, Basappa

son of Sanna Hanumappa and Yallamma instituted the suit

seeking for partition against Amarappa son of Ningappa

Poojari and others.

They stated that one Ningappa Poojari had six

children namely Amarappa (D1), Hanumappa (husband of

plaintiff No.1), Gangamma, Ningamma, Sanna Hanumappa

(the father of plaintiff Nos.2 and 3 and Sangappa).

It was stated that out of the 5 children except

Hanumappa i.e., defendant No.1 the others were not alive

- 4 -

and Ningappa and his first wife were also not alive. It was

stated that the suit properties were the joint family

properties and they were in joint possession of the suit

property. It was stated since difference arose between

family members and a demand for partition was made and

the same was refused and hence the suit was filed.

The suit was initially filed only against Amarappa. He

entered appearance and contested the suit. He denied the

contention that all the legal heirs were not on record and

in view of this contention and the other legal heirs namely

defendant Nos.2 to 5 were impleaded. Defendant Nos.2 to

4 though served remained absent and we