(1.) The above first appeal is filed under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') by Defendant No.5 challenging the judgment and decree dtd. 8/4/2013 passed in OS No.5316/2008 by the XXXVII Additional City Civil and Sessions Judge (CCH- 38), Bangalore City (hereinafter referred to as the 'Trial Court'), wherein the suit of the Plaintiffs filed for declaration and injunction has been decreed.
(2.) For the sake of convenience, the parties herein are referred as per their rank before the Trial Court.
(3.) It is the case of the Plaintiffs that the suit properties and other properties originally belonged to one Sri V.Munivenkatappa who had four sons namely, Sri M.Narayana, M.Venktappa, M.Kondandarama and M.Rajaggopal. In a family partition, effected amongst the said Munivenkatappa and his four sons on 28/8/1979, the suit properties were allotted to the share of M.Kodandarama, consequent to which, M.Kodandarama was in separate possession and enjoyment of the suit properties and other properties that fell to his share during his life time. After his death, the Plaintiffs, who are his wife and children are in possession of the suit properties and katha and mutation have been transferred to the name of Plaintiff No.1.