The

appellants

who

are

the

plaintiffs

in

O.S.N.o.107/2010 are before this Court aggrieved by

the judgment and decree dated 22.04.2017 passed

by the Addl.Senior Civil Judge, Gadag sitting at

Lakshmeshwar (hereafter referred to as 8the trial

Court9, for short).

O.S.No.107/2010 had been filed for partition, the

plaintiffs claiming 1/3^rd share in the suit schedule

properties. The said suit came to be dismissed by

the trial Court with costs.

The parties are referred to by their ranking before

the trial Court for easy reference.

The case of the plaintiffs is that;

4.1. One Veerabhadrappa was the propositus who

had three children namely, Fakirappa, Mallappa

- 4 -

and Gundappa. Mallappa had a daughter by

name Neelavva of whom the plaintiffs are the

daughters.

4.2. Fakirappa expired leaving behind his sons

defendants No.1, 2 and 3. Gundappa expired

leaving behind his son defendant No.4.

4.3. It is contended that the suit schedule properties

were under the ownership of Veerabhadrappa

and subsequent to his death the said properties

came to be enjoyed by Fakirappa, Mallappa and

Gundappa as joint owners. Fakirappa having

expired

on

27.07.1955,

Mallappa

having

expired on 02.01.1977 and G