JUDGMENT

Asok Kumar Ganguly, J.—

1. Leave granted.

2. The subject matter of challenge before this Court is the judgment and order dated 1st December, 2006 passed by a Learned Single Judge of the High Court of Karnataka at Bangalore in Regular First Appeal 617/2004 and in the cross objection 47/2006 filed under order 41, rule 22 against the judgment and decree dated 28.01.04 passed in Original Suit No.6169/92 by the XX Additional City Civil Judge, Bangalore City.

3. The dispute arose out of a partition suit filed by i) Smt. Nagarathnamma wife of late G. Srinivas and ii) by G. Hemlata who was a minor at the time of filing of the suit in 1992. Plaintiff was the only child of the plaintiff No.1, who was her mother and natural guardian and she represented the plaintiff No.2. The plaintiffs are respondent Nos. 1 & 2 before this Court.

4. This suit was filed for partition claiming 1/3rd share in suit properties and also claiming separate possession by metes and bounds and for mesne profits and other incidental reliefs.

5. The first defendant in the suit is the mother-in-law of the plaintiff No.1 and the defendants 2, 3 & 4 are the daughters of the defendant No.1 and the defendant No.5 is