JUDGMENT :

Alok Aradhe, J.

1. This appeal under Section 96 of the Code of Civil Procedure (hereinafter referred to as 'the Code' for short) has been filed against the Order dated 03.01.2013 passed by the Trial Court by which suit filed by the appellants seeking the relief of partition and separate possession has been dismissed in exercise of powers under Order 7 Rule 11(d) of the Code.

2. The subject matter of the appeal pertains to an agricultural land measuring 2 acres and 30 guntas situate at Mydanahalli Village, Yelawala Hobli, Mysore Taluk. The aforesaid land was recorded in the revenue records in the name of defendants 1 to 3. The defendants 1 to 3 by a registered sale deed dated 08.07.1996 sold the aforesaid land to defendant No. 4 for a consideration of Rs. 2,75,000/-. The sale deed contains a recital as to delivery of possession. Thereafter, the name of respondent No. 1 was mutated in the revenue records.

3. On 05.11.2011, the plaintiffs/appellants who are children of defendant Nos. 1 to 3 viz., the vendors of defendant No. 4 filed a suit seeking the relief of partition an