KEMPAMMA W/O. SRI RAMAIAH AND OTHERS Vs. SMT. R. HAMEVATHY W/O. SRI D. DEVARAJ D/O. SRI S. RAMAIAH AND SMT. R. GIRIJA W/O. SRI C. ASHOK KUMAR

JUDGEMENT

(1.) RESPONDENTS /Plaintiffs have instituted O.S.2752/07 in the City Civil Court, Bangalore, against the Petitioners/Defendants for relief of partition and separate possession claiming 1/7th share in the suit schedule properties. The Petitioners/Defendants have filed the written statement and have contested the suit claim.

(2.) PLAINTIFFS filed I.A. under 0 40 R 1 Code of Civil Procedure to appoint a receiver for management of the suit schedule properties. The Defendants filed their statement of objections. The Trial Court dismissed the said application on 28.10.09, which order was questioned by the Plaintiffs in MFA 8273/09. The said appeal was disposed of on 8.3.10 with observations.

(3.) AFTER hearing the learned Counsel on both the sides, on 1.9.10, the Petitioners were directed to file an affidavit disclosing the income and expenditure as well as the liabilities with regard to suit schedule properties. An affidavit with annexures was filed on 22 -9.10. The Plaintiffs have filed a counter affidavit with enclosures disputing the aforesaid affidavit filed by the Petitioners. There is a dispute with regard to the nature of properties, the income derived therefrom and the expenditure. On the said aspects, trial in the suit is called for.