K. R. PRASADA RAO, J.

( 1 ) THIS revision petition is filed by the defendants in O. S. No. 276 of 1994 on the file of the Court of Additional Civil Judge (Junior Division), bangalore Rural District against orders passed on 9-1-1998 (sic) dismissing the said application.

( 2 ) REVISION petitioners who are the defendants 3 to 6 in the suit O. S. No. 276 of 1994 filed the application LA. VI under Order 23 Rule 1 (4) of the CPC praying to dismiss the suit as the same is barred under the said provisions. The said application was dismissed by the Trial Court holding that the suit is not barred under the provisions of Order 23, Rule 1 (4) of the CPC. Aggrieved by the said order, defendants 3 to 6 filed the present revision petition.

( 3 ) IT is the contention of the revision petitioners-defendants 3 to 6 that the respondent-plaintiffs have previously filed a suit O. S. No. 6496 of 1989 in the City Civil Court, Bangalore for partition and separate possession of their alleged share in the suit schedule property and in the said suit Smt. Muniyamma, the wife of the deceased first defendant and the mother of these defendants was arrayed as third defendant. The said muniyamma died in the year 1

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