S. B. SINHA, J.

( 1 ) LEAVE granted

( 2 ) APPLICATION of Section 14 (1) of the hindu Succession Act, 1956 (hereinafter referred to as 'the Act') calls for consideration in this appeal which arises out of a judgment and order dated 15th November, 2005 passed by a learned Single Judge of the Karnataka high Court at Bangalore in Regular Second appeal No. 276 of 2003.

( 3 ) THE short factual matrix involved may be noticed at the threshold.

( 4 ) FOR the said purpose, we may notice the genealogy of the family.

( 5 ) ORIGINAL Suit bearing No. 34 of 1964 was filed by Sundrabai, first wife of trimukhrao (respondent No. 1 herein) against mallikarjun (since deceased) and Kashibai (defendant No. 4 therein ). A consent decree was passed in that suit, the relevant clauses whereof were as under :-

"1. The plaintiff and the defendant no. 2 are the wives of deceased Trimbakrao. The defendant No. 1 is the son of Trimbakrao. The plaintiff Sundrabai and Mallikarjun and his mother Kashibai resides separately.

2. That as per compromise the land Sy. No. 73 Kh. No. 145 to the extent of measuring 6 acres 33 gunatas. R. A. Rs. 9. 00 situated at khandala, on north side bounded in the east the land of Shi