CHOODAMANI W/O. SHASHIDHAR, KUM. MALATHI D/O. LATE B EARAPPA AND KUM. JAMUNA D/O LATE B EARAPPA Vs. SRI M. PRAKASH S/O. LATE MUTTUSWAMY

JUDGEMENT

(1.) THESE three appeals are filed by the defendants in O.S. No. 8584/2010, pending on the file on XXXVII Addl. City Civil Judge (CCH -38), Bangalore. The parties to this proceeding are referred to by their ranking in the court below for convenience and identifying them with reference to their share in the suit schedule property.

(2.) BRIEF facts leading to these appeals are as under: The appellants in all the three appeals are defendants in the court below and respondent in all the three appeals is the plaintiff in the court below. The suit in O.S. No. 3584/2010 is filed by the plaintiff - respondent herein for the relief of declaration that the staircase mentioned in suit schedule 'C property is common staircase and also for an order of decree of permanent injunction restraining defendants or their agents and workers from demolishing the alleged common staircase, standing on the suit schedule 'C' property.

(3.) THE Will, dated 30.10.2006 was registered in the office of the Sub -Registrar as document No. 831/1977 -78. Subsequent to the execution of the said Will, B. Earappa died on 01.07.2007. After death of B. Earappa, his six -daughters who had 1 /6th undivided share for each of them entered into a partition deed, wherein the aforesaid property was divided into two portions, i.e., the property which measured in all 30/45 ft. was divided into two portions of 15/45 ft. and 15/45 ft. as per partition deed entered into between them on 15.10.2008 and registered as document No. 1511/2008 -09. In the said partition deed, the entire property held by B. Earappa was referred to as Schedule 'A' property, the portion that was allotted to the vendors of plaintiff was defined as schedule 'B' property and a portion that was allotted to defendant nos. 1 to 3 in the court below, was referred to as schedule 'C' property.