R. DEVDAS, J.

This regular second appeal is directed against the judgments of the Trial Court in O.S.No.257/1992 dated 24.05.1999 passed by the Civil Judge (Jr.Dn.) & JMFC, Hoskote, and the First Appellate Court in R.A.No.100/2013 dated 19.12.2015 passed by the II Addl. District & Sessions Judge, Bangalore Rural District, Bangalore, which dismissed the suit filed by the appellants herein on the ground of maintainability.

2. The brief facts of the case are as follows:

O.S.No.257/1992 was filed by H.N. Muniswami Gowda, against his brother’s wife and children. Defendant No.6 was the husband of appellant No.1 and father of appellant Nos.2 and 3 herein. The suit was filed for partition and separate possession. Even before the decree was passed, admittedly, defendant No.6 passed away. No application was filed to bring the legal representatives of deceased defendant No.6 on record.

3. O.S.No.502/2012 was filed by the appellants herein seeking a declaration that the preliminary decree dated 24.05.1999 passed in O.S.No.257/1992 is a nullity and the same is inoperative; and for grant of permanent injunction preventing the defendants No.1 to 3 from proceeding with FDP No.4/2010 effectin