NIHARIKA CHETAN Vs. SAROJA S.SHETTY

JUDGEMENT

(1.) Heard learned counsel for appellants and also learned counsel appearing for respondents.

(2.) The suit is filed for relief of partition claiming that the share given in favour of the plaintiffs' mother under the registered partition deed dtd. 21/8/2014 is inequitable and plaintiffs are entitled for equitable share in the property belonging to Siddananja Shetty and hence prayed the Court not to alienate the property.

(3.) Per contra learned counsel appearing for respondents would contend that already there was a partition during the lifetime of Siddananja Shetty and the same was registered on 21/8/2014 and he also passed away on 26/10/2019 and also brought to the notice of this Court that equitable partition was made during his lifetime itself and plaintiffs are not entitled for any share and also they kept quite from 2014 to 2022 and only the mother of the plaintiffs got set up these plaintiffs for filing the suit and filed frivolous suit.