B. P. JEEVAN REDDY, J.

( 1 ) THE defendants are the appellants.

( 2 ) ONE Narasappa died on 3-4-1966. He had two wives. The 1st defendant is his first wife, and the mother of the plaintiff is his second wife. The 2nd defendant in the suit is the minor son of the 1st defendant. After the death of Narasappa, the 2nd wife and the present plaintiff filed a suit, o. S. No. 35/68 for partition and separate possession of their share in the estate left by Narasappa. The said suit was dismissed on two grounds, namely (i) that the marriage of the 2nd wife with Narasappa being a nullity, she cannot have a claim in his properties; and (ii) since the present plaintiff a. A. O. No. 138 of 1977. dt. H-7-1978. was born before the declaration of nullity was obtained, she too is disentitled from any sl^are in tne properties of Narasappa. Subsequent to the said judg- ment and decree, the second wife filed an application under section 11 of the hindu Marriage Act 1955, being O. P, No. 45/69, for a decree of annulment of her marriage with Narasappa. The said petition was allowed on 8-12-1971. An appeal, filed against the same, being CMA. 27 of 1972, was dismissed on 13-11-1973. It is then tha the presen

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