D L KANNAN Vs. AMBARISH REDDY

JUDGEMENT

(1.) This first appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908 (for short 'CPC') by the Plaintiffs challenging the order dtd. 22/4/2006 passed on IA.13 in OS No.2397/2005 by the I Additional Civil Judge (Sr.Dn), Bangalore Rural District, Bangalore, (hereinafter referred to as the 'Trial Court'), whereby the plaint has been rejected.

(2.) For the sake of convenience, the parties herein are referred to as per their rank before the Trial Court.

(3.) The Plaintiffs filed OS No.2397/2005 contending, inter alia that they are the children and grand children of late D.Lakshmana Das @ Kali s/o late Durgaiah and all the members of the family of late D.Lakshmana Das constituted a Hindu Undivided Joint Family. That the said Sri.D.Lakshmana Das owned various properties, one of which was Sy.No.67 of Thooberahalli village, Varthur Hobli, Bangalore South Taluk, measuring 9 acres 4 guntas, (hereinafter referred to as "suit property") having purchased the same vide registered Sale Deed on 30/10/1922 and that the revenue records of the said property stands in his name. That OS.No.88/72 was filed by D.L.Ramaswamy s/o Lakshmana Das from his first wife against the children of D.Lakshmana Das born to his second wife, which suit was decreed on 3/1/1979 holding that said D.L.Ramaswamy was entitled to 13/84th share in the suit property. That OS No.3853/1991, was filed by one Smt.Vaikundamma seeking 1/6th share out of the share of one of the co-sharers who was allotted 13/84th share in OS.No.88/72, which suit was dismissed for default. It is further contended by the Plaintiffs that various transactions have taken place behind the back of the Plaintiffs and Defendant Nos.1 to 8 have played fraud and alienated the suit properties. Hence the suit was filed seeking for the following reliefs: