JUDGMENT :

M. R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Karnataka at Bangalore dated 06.09.2007 in RFA No. 220 of 1991, by which the High Court has dismissed the said First appeal preferred by the original plaintiff Smt. P. Leelavathi (now deceased and represented through her legal heirs) and has confirmed the judgment and decree passed by the learned trial Court dismissing the suit, the legal heirs of the original plaintiff Smt. P. Leelavathi have preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

That Smt. P. Leelavathi instituted Original Suit No. 1248 of 1980 in the Court of the XIV Additional City Civil Judge at Bangalore against the original defendants - V. Shankaranarayan Rao (now deceased and represented through his legal heirs) and two others for partition and for recovery of 1/4th share of the plaintiff in the plaint scheduled properties. That the original plaintiff Smt. P. Leelavathi and the original defendants are the sister and brothers and the daughter and sons of Late G. Venkata Rao, who died on 08.10.1974.

2.1 It was the case on behalf of the original