ORAL JUDGMENT

This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 24.04.2013 passed in R.A.No.333/2010 by the learned Prl. District Judge, Bangalore Rural District, Bangalore and the judgment and decree dated 03.09.2010 passed in O.S.No.144/2009 by the learned Senior Civil Judge and JMFC, Nelamangala.

2. For convenience, the parties are referred to, as per their rankings before the trial Court. Appellant No.1 was defendant No.2, appellant Nos.2 to 5 are the legal representatives of defendant No.1. respondent No.1 was the plaintiff and respondent No.2 was defendant No. 3.

3. Brief facts, leading rise to the filing of this appeal, are as follows:

The plaintiff filed suit against the defendants for partition and separate possession. It is the case of the plaintiff that Gangaiah was the original propositus. He had four children. The plaintiff and defendant No.3 are the daughters, and defendant Nos.1 and 2 are the sons of Gangaiah. It is contended that he was the absolute owner of the properties measuring 5 acres 17 guntas, bearing Sy.No.2 situated at Kodipalya village, Dasanapura Hobli, Bangalore and the other suit properties. The plaintiff was n