(1.) THESE two appeals arise out of the judgment and decree dated 23-9-1993 in O. S. No. 75/1990 passed by the learned Additional Civil judge at Mysore, decreeing the suit for partition.
(2.) APPELLANT in R. F. A. No. 260/1994 is the 1st defendant and respondents Nos. 1 to 4 are the plaintiffs and respondents Nos. 5 to 7 are defendants Nos. 2 to 4 before the trial Court. Appellant in R. F. A. No. 444/1999 is the 3rd plaintiff and the respondents are the plaintiffs Nos. 1, 2 and 4 and defendants before the trial Court. In this judgment, the parties are referred to their status before the trial Court.
(3.) PLAINTIFFS contend that common propositor, Lakkaiah, died leaving behind his wife, three daughters and two sons as his legal representatives to succeed to his estate the schedule properties. Plaintiff No. 1 is the wife, plaintiff Nos. 2, 4 and defendant no. 2 are the daughters. Plaintiff No. 3 and defendant No. 1 are the sons of deceased lakkaiah. The 1st defendant refused to partition and divide the schedule properties and to put the plaintiffs in separate possession of their respective share and therefore they filed O. S. No. 75/1990 for partition.