The appellants aggrieved by the judgment and

decree

dated

12.01.2008,

passed

in

O.S.No.

8615/1995 by the XVI Addl. City Civil & Sessions

Judge, Bangalore City, have filed this appeal.

6

2. Parties are referred to as per their ranking

before the Trial Court. The appellants are the

defendants No.1 to 6 and respondents 1 to 7 are the

plaintiffs and respondents 8 to 10 are the defendants

No.7 to 9 before the Trial Court.

3. Brief facts leading rise to filing of this appeal

are as under:

Plaintiffs filed a suit for partition and separate

possession in respect of the suit schedule properties.

One

T.Loganathan

had

two

wives,

namely

Sharadamma i.e., plaintiff No.1 and Meenambal i.e.,

defendant No.1. Plaintiffs 2 to 7 are the children of

T.Loganathan and Sharadamma and defendants 2 to 6

are the children of T.Loganathan and Meenambal.

T.Loganathan died on 11.05.1990. During his

lifetime, he had executed a Will on 11.06.1986, which

was handed over to plaintiff No.1. Execution of said

Will

was

witnessed

by

one

M.Jaganathan

and

7

Nachappa. Copy of the Will was produced in

O.S.No.7016/1995 filed by plaintiff No.4. Said suit

was filed demanding due share as per partnership

deed involv