ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

This regular first appeal is filed by the plaintiffs in O.S. No. 259/2013, aggrieved of the impugned order dated 30.09.2024 passed by the learned Second Addl. Sr. Civil Judge & JMFC, Hubballi (for short, the ‘trial Court’).

2. For the sake of convenience the parties shall be addressed in terms of their ranking before the trial Court.

3. The suit is filed by two female members of the Hindu Joint Family seeking declaration of their shares, partition and separate possession of the suit schedule properties. Defendants No. 113 and 114 filed application in I.A. No. LV under Order 7 Rule 11 r/w Sec. 151 of CPC seeking rejection of the plaint as against the said defendants, on the ground that the plaintiffs have admitted in the plaint that item no. 9 (Schedule-E) bearing Sy. No.31, (new Sy. No.31/1 and 32/2B) were sold to the said defendants in the year 1998 and 2001, long before the amendment was brought to Sec. 6 of the Hindu Succession Act. It is contended by defendants No.113 and 114 that having regard to the proviso to Sub Sec.(1) of Sec. 6, the amendment shall not affect or invalidate any disposition or alienation which had taken plac