The captioned second appeal is filed by defendants 6

and 7 questioning the judgment and decree dated

passed in R.A.No.19/2012 wherein the first appellate court

allowed the appeal and thereby has set aside the judgment

and

decree

passed

in

O.S.No.172/2009

an

has

consequently

decreed

the

suit

by

declaring

that

respondents/plaintiffs are entitled for half share in the suit

schedule properties.

2.

The facts leading to the case are as under:

Plaintiff and defendant Nos.1 and 3 to 5 are the

children of the deceased Shivanagouda. Defendant No.2 is

the widow of deceased Shivanagouda. Plaintiff filed suit for

partition and separate possession in O.S.No.172/2009 and

claimed that suit schedule properties are joint family

ancestral properties. The plaintiff further contended that

defendant Nos.3 to 5 who are his sisters have received

their share by way of jangam property of the family.

4

Placing on the family partition during the lifetime of his

father Shivanagouda, plaintiff claims that he is entitled for

half share in schedule-B properties, which was jointly

allotted to plaintiff and defendant No.2. Apart from the

joint family properties their father Shivanagouda also

owned propertie