The present appeal is by the plaintiffs aggrieved

by the judgment and decree dated 01.01.2018 passed

in O.S.No.111/2013 on the file of Additional Senior

Civil Judge and CJM at Bidar (for short 'Trial Court'),

by which, the suit of the plaintiffs for partition and

declaration has been dismissed.

For the sake of convenience, the parties

herein are referred with the ranks occupied by them

before the Trial Court.

The subject matter of the suit is the land

bearing Survey No.233 Hissa-2 measuring 4 acres 16

guntas situated at Aliamber village, Bidar taluka and

district. Originally, the suit schedule property was

granted in favour of one Shanmukhayya, the husband

of defendant No.1 and grandfather of the plaintiffs and

defendant Nos.2 to 4 in the year 1994. That the said

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Shanmukhayya passed away on 28.12.2003 leaving

behind him his wife the defendant No.1 and two sons

namely, Irapayya and Siddayya. The said Irapayya

passed away on 22.03.2007 and Siddayya passed

away on 24.08.2007 leaving behind the plaintiffs and

defendant Nos.2 to 4 as their legal representatives

respectively. It is the case of the plaintiffs that they

demanded to partition and separate possession of the

joint fami