MUNIYAMMA AND ORS. Vs. NARAYANA REDDY AND ORS.

JUDGEMENT

(1.) Sri. Sanket M. Yenagi, learned counsel for the appellants.

(2.) In this appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' for short), the appellants have assailed the validity of the judgment dated 31.03.2016 passed by the trial Court, by which an application filed by respondent No.1 under Order VII Rules 11(a) and (d) of the Code has been allowed and the plaint filed by the appellant has been rejected.

(3.) The facts giving rise to filing of this appeal briefly stated are that the appellants have filed a suit seeking relief of partition and separate possession. The claim in the suit was based on the ground that the suit schedule properties originally belonged to one late Abbaiah Reddy, the grandfather of the appellants and respondent No.1. It was averred that the aforesaid property devolved on Abbaiah Reddy. It was further stated that on 20.11.1964, the suit schedule properties were subjected to partition and Registered Partition Deed was executed against the members of the family. It was further pleaded that as the father of the appellants and respondent No.1 was not alive, his share was allotted to his son i.e., respondent No.1 in the aforesaid family partition, who was the Karta of the aforesaid Joint Hindu Undivided Family.