JUDGMENT :

Mohan M. Shantanagoudar, J.

The judgment dated 08.01.2013 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal No. 1102 of 2004 is called in question in this appeal by the unsuccessful plaintiffs.

2. Brief facts leading to this appeal are: Original Suit No. 228 of 1989 was filed by the appellants herein (plaintiffs 1 and 2 respectively in the suit) praying for a declaration that the suit schedule property is the joint property of the appellants along with their father Kempaiah (defendant no.1 in the suit/respondent no.2 herein) and that they are entitled to 2/3rd share in the said property; that the sale deed executed by the father-Kempaiah (defendant no.1 in the suit/respondent no.2 herein) in favour of defendant no.2/respondent no.1-Chowdamma was not binding on their 2/3rd share in the suit schedule property. A relief for permanent injunction was also sought. A certain set of other facts was also pleaded which may not be material for the disposal of this appeal. It is relevant to note that at the time of filing of the suit, i.e. on 24.01.1985, the appellant no.2 herein, namely, Krishna was aged about 17 years. The appellant no.1/Plaintiff No.1 herei