ORAL JUDGMENT

Heard Smt.Swathi Naik, learned counsel appearing on behalf of Sri.Prasanna B. R., learned counsel for the appellant.

2. Plaintiffs are the appellants challenging the validity of the order passed by the Senior Civil Judge and JMFC, Mudigere in O.S.No.92/2022 dated 23.07.2024. 3. Brief facts of the case which are utmost necessary for disposal of the appeal are as under:

3.1. Plaintiffs claiming to be the sisters of defendant No.1 have filed a suit for partition on the ground that by virtue of amendment to Section 6 of the Hindu Succession Act, they are also having right in respect of the suit property and sought for decreeing the suit.

3.2. Defendant No.1 who is the brother of plaintiffs, filed an application under Order VII Rule 11(d) read with Section 151 of CPC to reject the plaint on the ground that there is already a registered partition deed between male members of the joint family which was registered in the office of Sub-Registrar on 23.03.1990.

3.3. It is also contended that in view of explanation of Section 6 (1)(c) of Hindu Succession Act, the suit is not maintainable as there was already a registered partition deed.

3.4. The said application was opposed by plaint