JUDGMENT

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed by the defendants against the judgment and order dated 06.12.2012 passed by the Division Bench of the High Court of Karnataka Circuit Bench at Dharwad in Regular First Appeal No. 3052 of 2010, which in turn arises out of the judgment and decree dated 10.02.2010 passed by the Ist Additional Civil Judge (Sr. Division) at Hubli in Original Suit No. 73 of 2004.

3. In order to appreciate the short issue involved in this appeal, it is necessary to state a few relevant facts:

4. One Basavantayya Revanayya Mathad was married to Shantakka Mathad (defendant no. 2). Out of this wedlock, three children were born -one son Shashidhar (defendant no.1) and two daughters -Rajeshwari (Died in 2003) and -Gayatri (Died in 2004) -defendant no.3. Shashidhar was married to Uma and out of this wedlock, three daughters were born -Ashwini (plaintiff no. 1), Nivedita (plaintiff no.2) and Puja who was given in adoption to Uma's sister.

Shashidhar divorced to Uma and re-married to Manjula (defendant no.4). Out of this second marriage, two daughters were born -Aishwarya (defendant no.5) and Vaishnavi (defendant no.6).

5. Basavantayya had