JUDGMENT:

S.B. Sinha, J.

1. Leave granted.

2. Appellants herein are aggrieved by and dissatisfied with a judgment and order dated 6.3.2007 passed by the High Court of Karnataka whereby and whereunder the private respondents herein were allowed to make constructions on the lands in suit, subject to the final decision therein. It was furthermore directed that any alienation or creation of an interest by the defendants would be subject to the decision of the suit.

3. With a view to appreciate the fact involved in the matter, we may notice the genealogical table of the parties.

Mandi Madalappa

|

_________________________________________________________________________

| | |

Chikkaranganna T.M. Thimmaiah Muniswamappa

| | |_Puttathyamma |_M. Ramachandra

R. Ranganna |____________________ (Def. 1)

| Padma W/o

| | (Def. 2)

| |

| _______________________________

| | |

|

| Shekhar Harish Rekha

| (Def. 3) (Def.4) (Def.5)

___________________________________________________________

| | | |

Mandali Ranganna Munianna R. Thimmaiah Puttanna Mandal

(Plf. 1) (Plf. 2) (Plf. 3) (Plf. 4)

4. The suit properties were acquired in the year 1912 by a deed of sale dated 22.1.1912. Allegedly, the predecessor in interest of the respondents being the original defendant No. 1 (M. Ramachandra) was adopted by Puttathyamma, widow of late T.M. Thimmaiah. A deed of adoption, therefor, was executed on 13.12.1937. Allegedly, a partition in the family properties took place in the year 1924. One of the questions which arose for consideration in the suit was as to whether the said partition was in respect of all the properties or a partial partition. Appellants contend that even assuming that Puttathyamma adopted M. Ramachandra, from a perusal of a deed of adoption, it will appear that some properties were still been jointly possessed.

5. On 23.5.1938, upon the death of Sri T.M. Chikkaranganna his legal representatives partitioned his self-acquired properties, both moveable and immovable. On 22.2.1954, the children of Muniswamappa executed a registered Partition Deed, by which his share in the properties came to be partitioned. From 1957-1969, a number of transactions mainly in the nature of grant of lease took place in respect of the suit properties. No title came to be created in favour of third parties. On 20.12.1971 for the first time, the first respondent entered into a partition deed, with the members of his family in which the suit schedule property was set out in the deed. Between 2002-2003, the petitioners called upon the defendants to partition the said properties which was refused by the defendants.

6. Appellants herein filed original suit No. 7039 of 2003 in the City Civil Court, Bangalore in September, 2003 inter alia contending that the partition which had taken place earlier between the parties was only a partial one. They merely prayed for a declaration that the suit schedule properties are the joint family properties of the appellants and respondents herein.

7. They also prayed for a preliminary decree for partition and possession of the property in Schedules A and B according to the shares of parties. A consequential decree for permanent injunction restraining the respondents from alienating or constructing on the said properties was also sought.

8. During pendency of the said suit, original defendants executed a registered deed of lease on 15.12.2004 in favour of respondent No. 12 herein. Possession of the property, in question, was handed over to him. A deed of rectification was also execut