ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE VENKATESH NAIK T.)

This appeal is filed challenging the judgment and decree dated 20-8-2016 passed by the Court of Principal Senior Civil Judge, Kolar, in Original Suit No.356 of 2014.

2. For the sake of convenience, the parties are hereinafter referred to as per their rankings before the trial Court. The appellants are the plaintiffs and the respondents are the defendants.

3. Plaintiffs filed a suit against the defendants for partition and separate possession in respect of the suit schedule property. It is the case of the plaintiffs that, the plaintiffs and the first defendant are the children of Late Abdul Azeez.

4. Late Abdul Azeez had two wives, namely Kairunnissa and Rahamathunnisa. The first wife, Kairunnissa, had only one son, i.e., the first defendant, whereas, the second wife, Rahamathunnisa, had three sons and two daughters, i.e., the plaintiffs. Plaintiffs and the first defendant are the owners in possession of the suit schedule property bearing Survey No.21 measuring 7.05 acre situate at Boyi Nachapalli Village, Kasaba Hobli, Srinivasapur Taluk, as tenants in common. The suit schedule property was acquired by the father of the plaintiff