S.K. LAKSHMINARASAPPA SINCE DECEASED BY HIS L.RS.(SMT. NAGARATHNAMMA WIFE OF LATE S.K. LAKSHMINARASAPPA HINDU, MAJOR AND OTHERS) Vs. SRI B RUDRIAH SON OF DODDAVEERANNA SINCE DEAD (RESPONDENT-1 - DEFENDANT. NO. 1 DIED AFTER THE JUDGMENT, WAS REND

JUDGEMENT

(1.) THESE two appeals arise out of judgment and decree dated 17.02.1998 passed in O.S.No. 1031 1/1983 by the II Addl. City Civil Judge. Bangalore, dismissing the suit as not maintainable and also on the ground that it is barred by Order 9 Rule 9 CPC. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(2.) BEFORE setting out the case of each party, it is necessary to set out the events which transpired from the date of institution of the suit till the date of commencement of trial, in order to properly appreciate the controversy between the parties. FACTUAL MATRIX

(3.) THE father of the first plaintiff viz. one Narasaiah @ C. Narasaiah was the propositus of the family. He had three sons namely Narasaiah, Narasimha Murthy and Lakshminarasappa and two daughters, Narasaiah and Narasimha Murthy, sons of C. Narasaiah are no more. The first plaintiff is the son of Lakshminarasappa and the second plaintiff is the son of Narasaiah. The propositus, i.e. Narasaiah's wife predeceased him. His two daughters are also no more. His another son Narasimha Murthy died leaving behind him, his wife Kittamma, the 11th defendant in the suit.