(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA )

1. Heard learned counsel for the appellants and learned counsel for respondents on admission.

2. The appellants, who are defendants No.2 and 3 before the trial Court, have preferred this appeal against the judgment and decree dated 03.10.2015 passed in O.S.No.168/2009 on the file of III Additional Senior Civil Judge, Hubballi (Itinerary Court of Kalghatagi), which was confirmed by II Additional District and Sessions Judge and Special Judge, Dharwad, in R.A.No.274/2015 dated

26.03.2018.

3. The parties are referred to as per their ranks before the Trial Court.

4. The brief facts leading to filing of this appeal are that, the plaintiff and the first defendant are said to be the brothers and that there was a partition in the joint family properties consisting of the plaintiff and defendant No.1 and their mother Shantabai on 17-02-1971 and in the said partition the mother of the plaintiff was given the suit property measuring 7 acres 25 guntas towards her share with a condition that, after her death,