JUDGMENT

This First Appeal is preferred by defendant Nos.1 and 2 challenging the judgment and decree dated 17.10.2014 passed in Original Suit No.110 of 2009 on the file of the II Additional Senior Civil Judge, Hubbali, (for short, hereinafter referred to as ‘Trial Court’), wherein the suit filed by the plaintiffs decreed in part.

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

3. It is the case plaintiffs that, the suit schedule properties are the joint family properties of plaintiffs and defendants. It is pleaded that, the original propositus- Basanagouda, died leaving behind his wife Ratnavva (defendant No.1) and six children namely, Shivanagouda (defendant No.2), Veerabhadragouda (defendant No.4), Renuka (plaintiff No.1), Suvarna (defendant No.3), Savitri (plaintiff No.3) and Manjula (plaintiff No.2). It is further stated in the plaint that, the said Basanagouda, defendant Nos.1, 2 and 4 have partitioned the suit schedule properties on 28.01.1997 and it is the contention of the plaintiffs that the said partition is not binding on the plaintiffs. Accordingly, plaintiffs have made claim for share in the suit schedule properties