MUNISWAMY Vs. E VENKATASWAMY,

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 02.01.2009 passed by the Court of the I Addl. City Civil Judge, Bangalore in O.S.No.720/1996.

(2.) THE first respondent plaintiff filed the suit for partition in respect of the suit schedule properties against his first brother Muniswamy, the solitary defendant. As he died during the pendency of the suit, his legal representatives were brought on record. The defendant's resistance to the suit was mainly two -folded. The partition is already effected by the deed, dated 24.02.1985 and that the two brothers (plaintiff and the defendant) have a sister, another brother besides their mother.

(3.) ON the basis of the rival pleadings, the Trial Court formulated the following issues and the additional issues: