A registered partition deed is valid unless challenged by a party to it, affecting the right of children to maintain a suit during the parent's lifetime.

JUDGMENT :

V Srishananda, J.

Heard Sri.Aniketh, learned counsel appearing on behalf of Sri.B.S.Sachin, learned counsel for the appellants and Sri.Vigneshwara U., learned counsel for respondent Nos.1 and 6. Learned counsel for respondent Nos.3 to 5, 7 and 8 is absent.

2. Unsuccessful plaintiffs are the appellants in this second appeal challenging the dismissal of the suit in O.S.No.37/2014 filed for partition and separate possession in respect of following properties (hereinafter referred to as suit properties):

'B' SCHEDULE

Immovable properties situated in Kedambadi Village, Puttur Taluk, D.K. and comprised in:

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This property and all other appurtenance there of including right of Road, Water right and other easementary rights which also containing 2 residential houses, etc.,

Immovable properties situated in Jalsur Village, Sullia Taluk, D.K. and Comprised in:

This property and all other appurtenants thereof including right of Road, Water right and other easementary rights.

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C SCHEDULE

1. Mahindra Jeep bearing KA-21-M-939 standing the name of the Di.

2. Pump sets 5 in Nos.

3. Copper and brass house hold vessels and utensils.

'D' SCHEDULE

Immovable properties situated in Puttur Kasba Village, Puttur Taluk, D.K. and comprised in:

3. Dismissal of the suit was questioned before the First Appellate Court in RA No.5006/2020. Learned Judge in the First Appellate Court after securing the records, reappreciated the factual and legal aspects of the matter and dismissed the appeal holding that defendants were successful in establishing that there was a previous partition which was registered and defendant No.2 being the father of the appellants herein, was a party to such a registered partition deed.

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4. Being further aggrieved by the same, plaintiffs have filed the present appeal on the following grounds and have raised following substantial questions of law:

GROUNDS

The impugned Judgments and Decree are not sustainable either at law or on points of facts. The same are illegal and liable to be set aside.

The Appellants submit the courts below have not properly appreciated the oral and documentary evidence and the findings are opposed to weight of evidence and probabilities of the case. The courts below have not applied its mind to the contention of the appellants and have erroneously dismissed the suit.

It is submitted that as admitted by D.W.1 D schedule property has not been partitioned and it is liable to be partitioned amongst the joint family members. When such is the case the court below committed serious error in dismissing the suit in respect of D schedule property also.

It is submitted that from the evidence on record it is clear that the p