The plaintiff and defendants 2 & 3 have filed this

regular second appeal challenging the judgment and

decree dated 17.12.2011 passed by the IV Addl. District

Judge,

Mysuru,

in

R.A.No.377/2011

reversing

the

judgment and decree dated 16.06.2011 passed by the Civil

Judge (Sr.Dn.), Nanjangud, in O.S.No.17/2009.

For the sake of convenience, the parties are referred

to by the rank assigned to them in the court at first

instance.

Brief facts of the case that would be relevant for the

purpose of disposal of this appeal are, the plaintiff had

filed O.S.No.17/2009 before the Trial Court seeking

partition and separate possession of the suit schedule

4

properties and she claimed 1/4^th share in the suit

schedule properties. It is the case of the plaintiff that

plaintiff

and

defendants

are

the

children

of

one

Madegowda and their mother was Madamma. Madegowda

and Madamma had another son by name Moogegowda

who had expired unmarried prior to the filing of the suit.

The suit schedule properties are their ancestral joint

family properties and after the death of Madegowda and

his wife Madamma, the khatha in respect of the suit

schedule properties were got transferred in the name of

defendant

no.1.

How