This appeal is directed against the impugned judgment

and decree dated 07.02.2018 passed in O.S.No.59/2012 by

the Prl. Senior Civil Judge, Kalaburagi, whereby the suit for

partition and separate possession and other reliefs filed by the

respondent No.1 was partly decreed by the trial court.

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Heard the learned counsel for the appellants and

perused the materials on record.

The respondents having been served with notice

of this appeal has choosen to remain unrepresented and have

not contested this appeal.

The material on record indicates that the

appellants and respondent No.3 are the children of one

Nirmala who was the sister of respondent Nos.1, 2 and 4.

The aforesaid Nirmala and respondents 1, 2 and 4 herein

were children of one Somarao @ Shamarao who died

interstate on 17.03.1991. The said Samarao @ Shamarao's

first wife Malati having predeceased him, his second wife Smt.

Anusuyabai also expired on 31.12.2010. In the said suit filed

by respondent No.1/plaintiff , who was the daughter of the

deceased Shamarao, the appellant herein was arrayed as

defendant No.2 while had brother Gururaj was arrayed as

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defendant No.1 while the other sister Shakuntala was arrayed

as defendan