CAV JUDGMENT

(PER: THE HON’BLE MR JUSTICE T.M.NADAF)

These two appeals viz., RFA No.1245/2009 filed by defendant Nos.7 and 8 and RFA No.872/2009 by defendant Nos.1 to 6, under Section-96 of Code of Civil Procedure are calling in question the judgment and decree dated 19.12.2008, in O.S.No.6697/1997, passed by Addl. City Civil Judge, Bengaluru. These appeals as per the submission of learned counsel for appellants are restricted to item Nos.1 and 5 of suit schedule properties.

2. The parties will be referred to as per their rankings before the trial court for easy reference. The plaintiffs filed suit for partition and separate possession in respect of suit schedule properties in all, totally nine items. Both the parties have admitted the relationship, as such, stating the relationship between the parties is not warranted. The plaintiffs claim that the suit schedule properties are the joint family properties, though item Nos.1 and 5 are purchased in the name of defendant Nos.1 and 5 but by joint family nucleus and as such, the plaintiffs are entitled for partition.

3. In response to the notice, defendant Nos.1 to 6 and 9 appeared through their Advocate, Sri.P.B.Jayakar. The origina