SUBHADRA Vs. K.M. NARESH

JUDGEMENT

(1.) THOUGH matter is listed for orders, by consent of the parties, the appeal is heard on merits.

(2.) THE appellants were the plaintiffs in O.S. No. 3356/2003 before the City Civil Court, Bangalore. Plaintiffs filed the suit for partition and separate possession of 5/10th share in all the plaint schedule properties. The appellants are the married daughters of one Late Nageshwara Rao. Defendant Nos. 1 to 3 are the brothers of the plaintiffs. Defendant Nos. 4 to 8 are the legal representatives of deceased K.M. Ramachandra Rao, the first son of Nageshwara Rao.

(3.) THE defendants contested the suit. According to them, the suit filed by the plaintiffs was not maintainable. It was specifically contended by the defendants that during the life time of their father, he had divided the suit item No. 1 equally to his sons under the registered partition deed dated 28.6.1985 and since then they are in possession of the respective shares allotted to them, which fact is known to the plaintiffs. According to the defendants, the suit filed by the plaintiffs is barred by limitation. In the circumstances, they requested the Court to dismiss the appeal.