S. Ravindra Bhat, J.

% C.M. NO. 1950/2010 ( for condonation of delay)

For the reasons mentioned in the application, C.M. No. 1950/2010 is allowed.

RFA (OS) 11/2010

1. This is an appeal from an order of the learned Single Judge, whereby a suit for partition filed by sisters was dismissed. The orders of 19.04.2012 and 11.01.2013 reveal that the first three respondents (contesting parties in the suit) were served, despite which appearance had not been entered by them. The order of 11.01.2013 accordingly recorded that service was complete. It was in these circumstances that the appeal was heard finally and reserved for judgment. Before addressing the specifics of the properties involved in this partition suit, it is useful to record the family structure involved in this case.

2. The plaintiffs, three sisters filed the suit in 1990 [CS (OS) 2400/1990] against two brothers (the first two defendants/respondents) and two sisters (third and fourth defendants). A third brother, Sudarshan Lal, had died on 1st February, 1978, before the institution of the suit, as a bachelor. The family thus had consisted of five sisters and three brothers. Their father was Bakshi Ram, who died on 10th Fe