C.A.V. JUDGMENT

(PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)

This appeal is by the unsuccessful plaintiffs who have questioned the judgment and decree rendered in O.S.101/2015 wherein the plaintiffs' suit seeking the relief of partition in respect of item No.1 of suit schedule properties is dismissed in the light of the law laid down by the Apex Court in the case of Uttam .vs. Saubhag Singh and others, [AIR 2016 SC 1169]

2. For the sake of convenience the parties are referred to as per their rank before the trial Court.

3. The family tree is as under:

4. The brief facts of the case are as under:

Plaintiff No.2 is the son born from the wedlock of Defendant No.1 and Plaintiff No.1. The present suit is instituted by the wife and son, i.e., Plaintiffs No.1 and 2, challenging the alienation effected by Defendant No.1 (Shivalingappa) in respect of Schedule Item No.1 property - agricultural land bearing Survey No.502 measuring 16 acres and 38 guntas. The plaintiffs specifically contend that the property was originally purchased in the year 1943 by Pavadeppa, the propositus of the joint family. It is further asserted that upon Pavadeppa’s demise, the property devolved upon his only so