K. SRINIVASAPPA Vs. M. MALLAMMA

JUDGEMENT

(1.) These appeals assail the judgment and order dtd. 17/4/2015, passed by the High Court of Karnataka at Bengaluru in Writ Petition nos.20607, 20608 and 20609 of 2013, whereby the High Court disposed of the Writ Petitions filed by plaintiff nos. 4 to 6 and has recalled order dtd. 7/7/2012 by which the compromise had been recorded by the Lok Adalat, between the parties to Original Suit No. 876 of 2004, being a suit for partition and separate possession instituted by plaintiff nos. 1 to 6 on the file of the Court of the Civil Judge (Junior Division), Rural District, Bangalore.

(2.) For the sake of convenience, the parties shall be referred to in terms of their rank and status in O.S. No. 876 of 2004.

(3.) Briefly stated, the facts giving rise to the present appeal are that plaintiff nos. 1, 4, 5, 6 and defendant nos. 2 to 5 are children of M. Krishnappa and M. Mallamma, defendant no. 1. Plaintiff nos. 2 and 3 are the sons of plaintiff no. 1, namely, K. Devraj. The Plaintiffs filed a suit for partition and separate possession, being O.S. 876 of 2004 on the file of the Court of the Civil Judge, Junior Division, Rural District Bangalore stating that the suit schedule properties were acquired by M. Krishnappa and were in joint possession and enjoyment of the plaintiffs and defendants, until the demise of M. Krishnappa. That following the death of M. Krishnappa, defendant no. 1 was in possession of the suit schedule properties and was acting in a manner detrimental to the interests of the plaintiffs and had attempted to alienate the properties without effecting a partition so as to crystallise the rights of each of the parties to the suit. That requests of the plaintiffs to effect a partition of the property, were met with threats by the defendants to alienate the same.