JUDGMENT

Mohan M. Shantanagoudar, J.

This appeal arises out of Judgment dated 30th November, 2006, passed by High Court of Karnataka, Bangalore, in Miscellaneous First Appeal No. 2744/00 (ISA). Facts leading to this appeal are as under:-

Mrs. Lynette Fernandes (appellant) is one of the three daughters of Mr. Richard P. Mathias and Mrs. Gertie Mathias (original respondent). After the demise of Mrs. Gertie Mathias, her other two children were brought on record as respondents. Mr. Richard P. Mathias died at Mangalore on 05.11.1959, leaving behind a Will executed by him on 11.08.1959 bequeathing all his assets to his wife Mrs. Gertie Mathias. Mrs. Gertie Mathias (original respondent) filed an application for grant of probate which was granted to her by the Trial Court on 09.09.1960, in O.P. No. 26/1960. As on that date, all the three children of Mrs. Gertie Mathias were minors, and the appellant attained majority on 09.09.1965. She filed a suit for partition on 06.07.1995, claiming 1/4th share of the properties referred to in the Will of the deceased Mr. Richard P. Mathias. The same is said to be still pending. The appellant herein did not initiate any action either against her mother or