JUDGMENT :

The defendant Nos.1 and 3 in O.S.No.26928/2009 in the Court of the learned XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore (CCCH.29) (hereinafter for brevity referred to as the “Trial Court”) have filed the present appeal challenging the judgment and decree passed in the said suit and dated 06-12-2013.

2. The present respondent No.1 had instituted a suit against the present appellant No.1, respondent No.2 and appellant No.2 arraigning them as defendants No.1, 2 and 3 respectively in the said O.S.No.26928/2009 for the relief of partition and separate possession of plaintiff’s 1/3rd share in the suit schedule property and also to hold that the transactions taken place on the basis of the Will dated 27-05-1985 including the said Will were not binding on the plaintiff.

3. It was the summary of the case of the plaintiff in the Trial Court that, the suit schedule property which is a house property bearing No.3408 measuring 20’X30’ situated at Banashankari II Stage, Bengaluru, was the self-acquired property of her father Sri. Revanna, who is also the father of defendants No.1 and 2 and grandfather of defendant No.3. The suit schedule property was allotted to their