GANGANARASAMMA Vs. HANUMANTHAIAH

JUDGEMENT

(1.) This matter is listed for admission today. I have heard the arguments of learned counsel for the appellants and learned counsel for the caveator-respondent No.1

(2.) This appeal is filed challenging the judgment and decree dtd. 16/8/2022 passed in R.A.No.1/2020 on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru and the judgment and decree dtd. 26/11/2019 passed in O.S.No.1133/2009 on the file of the Senior Civil Judge, Nelamangala.

(3.) The factual matrix of the case of the plaintiffs before the Trial Court in O.S.No.1133/2009 is that earlier they had sought for the relief of partition and separate possession and subsequently, the plaintiffs have also sought for the relief of declaration to declare that the partition dtd. 12/4/1962 is not binding on the shares of the plaintiffs. The plaintiffs have also sought for the declaration to declare that the release deed dtd. 22/4/1978 executed by the plaintiff No.2 in favour of his father is null and void.