N. KRISHNA REDDY Vs. C.K. VARKEY

JUDGEMENT

(1.) This appeal is filed challenging the judgment and decree dated 9.11.2004 passed in O.S.No.7082/1995 on the file of the VIII Additional City Civil Judge, Bengaluru City (CCH-15).

(2.) The parties are referred to as per their original rankings before the Court below to avoid the confusion and for the convenience of the Court. Brief facts of the case:

(3.) It is the case of the appellants/defendant Nos.1 and 2 that the father of the defendant Nos.1 and 2 one Narayana Reddy S/o Gurappa died on 18.10.1992. The respondent No.1 is the plaintiff before the Court below. The respondent Nos.2 and 3 are the brothers of the appellants and they were the defendant Nos.3 and 4 before the Court below. Respondent No.4 is the mother of the appellants and she was defendant No.5 in the said suit. It is the contention of the defendant Nos.1 and 2 in this appeal that the plaintiff filed a suit in O.S.No.7082/1995 seeking the relief of declaration that the judgment and decree passed in O.S.No.3245/1980 (former O.S.No.180/1978) which was passed on 30.10.1990 is null and void and unenforceable against the plaintiff and sought for setting aside the judgment and decree. The said suit was filed on 20.10.1995 after five years of the preliminary decree.