VENKATESHA Vs. K M VENKATAMUNIYAPPA

JUDGEMENT

(1.) This appeal is filed praying to set aside the judgment and decree dtd. 22/2/2014 passed by V Additional District and Sessions Judge, Devanahalli in R.A.No.41/2011 and confirm the judgment and decree passed by Additional Civil Judge and JMFC in O.S.No.334/2007 dtd. 15/10/2011.

(2.) The parties will be referred to their ranking as in the Trial Court. Appellants 1 and 2 were defendants 1 and 2, respondent No.1 was plaintiff and respondents 2(a) to 2(d) are legal representatives of deceased defendant No.3 and respondents 3(a) to 3(c) are the legal representatives of defendant No.4 and respondent No.4 was defendant No.5 in O.S.No.334/2007.

(3.) The plaintiff filed the said suit seeking declaration that partition deed dtd. 17/10/2005 entered into between the father of defendants 1 and 2 and defendants 1 and 2 is not binding on plaintiff, declaring that the plaintiff is the absolute owner in possession of suit schedule property and relief of permanent injunction restraining the defendants from alienating, encumbering or creating any charges or any way meddling with the suit schedule property.