ORAL ORDER

2. A perusal of records indicates that the respondent- plaintiff and defendants No.1 - to 3 are the children of Late Shri B Shantappa and Smt Lalithamma; defendants No. 4 and 5 are the wives of defendants No.1 and 2, respectively. Furthermore, the suit schedule properties mentioned as Schedules ‘a’, ‘b’ and ‘c’ properties are acquisitions of the deceased B Shantappa, however, schedule ‘d’ properties were acquired subsequent to the demise of the latter, in the names of the members of the joint family, but out of the joint family nucleus.

2.2. The plaintiff further contends that the defendants had made certain borrowings, against the alleged undivided interest of the plaintiff in the suit properties, but had not effected till date, a partition dividing equal portions of the purportedly partible estate amongst the sharers thereto. Hence, the subject suit of the respondent-plaintiff.

2.4. Therefore the subject suit, as such, is barred by the law of limitation by 41 years, and that the subject suit was deliberately underv