JUDGMENT

C.M.JOSHI, J. - This Regular First Appeal is filed by the defendants under Sec. 96 of CPC against the judgment and decree dtd. 24/10/2008 passed in O.S.No.94/2002 by the learned XXII Additional City Civil Judge, Bangalore, whereby the suit filed by the plaintiff for partition and separate possession of his 1/4th share in the suit schedule property and for declaration that Wills are not binding on him came to be decreed.

2. The parties would be referred to as per their rankings before the trial Court in the original suit.

3. The suit schedule property is the premises bearing No.9, 4th Main, 8th Cross, Chamarajpet, Bangalore-18, measuring 30 x 50 feet with constructed area of 10 x 50 feet.

4. In brief, the case of the plaintiff is as below: The plaintiff and the defendant Nos.2 and 3 are the brothers. Defendant No.1-Anasuya Bai is their mother and one B.M. Rama Rao was the husband of defendant No.1 and father of plaintiff and defendant Nos.2 and 3. He had ancestral properties. The suit schedule property had fallen to the share of their father B.M. Rama Rao under a registered partition deed dtd. 18/3/1953 entered into between B.M.Rama Rao, his father and brothers.

5. The plain