JUDGMENT

1. This appeal is filed by plaintiff nos.2 & 6 challenging the judgment and decree dated 12.04.2001 passed by the II Addl. Civil Judge (Jr.Dn.), Kundapura (hereinafter referred to as 'the Trial Court') in O.S.No.589/1991 and the judgment and decree dated 19.01.2007 passed by the Civil Judge (Sr.Dn.), Kundapura (hereinafter referred to as 'the First Appellate Court') in R.A.No.46/2001, wherein the courts below have dismissed the suit filed by the plaintiffs seeking partition of the suit schedule property into two equal shares and allotment of one share to the plaintiffs with future profits and costs.

2. For the sake of convenience, the parties are referred to by the rank assigned to them in the court at first instance.

3. Brief facts of the case that would be relevant for the purpose of disposal of this appeal are, plaintiffs had filed the suit in O.S.No.589/1991 before the Trial Court claiming that the suit schedule property belonged to late Govinda and the defendant herein jointly on ancestral muli right. Plaintiffs claim to be the legal heirs of late Govinda and on the ground that late Govinda and the defendant were the joint owners of the suit schedule property, they clai