M. NARAYANA AND ORS. Vs. RAMAKKA AND ORS.

JUDGEMENT

(1.) First respondent/plaintiff filed the suit O.S.No.4349/1986 against the appellants and respondent Nos.2 to 4 on the file of 15th Additional City Civil Judge, Bangalore City, for partition and separate possession of the suit schedule properties. Respondent Nos.2 to 4 are defendant Nos.1, 4 and 5. The suit was decreed by the trial Court on 7.3.2003 by granting the first respondent/plaintiff 1/6th share in the suit schedule properties. The appellants/defendant Nos.2 and 3 have challenged the said decree in this appeal.

(2.) This Court allowed the appeal in part on 21.7.2008 by holding that plaintiff/first respondent is entitled for 1/5th share in the suit schedule properties.

(3.) The appellants filed SLP (Civil) No.21814/2008 before the Hon'ble Supreme Court challenging the said decree. Special leave was granted in the said case and the matter was registered as Civil Appeal No.13686/2015. During the pendency of the appeal, respondent No.1-Smt.Ramakka died. An application I.A.No.2 filed by other parties to the suit to come on record as her L.Rs was allowed by the Supreme Court. Kumari Thejeswani Shantha Kumar, the applicant in I.A.No.4/2016 had also filed I.A.No.3 in the appeal before the Supreme Court. The Civil appeal was allowed by setting aside the decree of this Court and the matter was remanded to this Court by the Hon'ble Supreme Court. I.A.No.3 filed by the applicant in I.A.No.4/2016 was pending when the matter was remanded to this Court.