T. RAMACHANDRA S/O LATE T.M. THIMMAIAH AND OTHERS Vs. SRI MANDALI RANGANNA S/O LATE R RANGANNA AND OTHERS

JUDGEMENT

(1.) M /s. Kesvy and Co. undertakes to file vakalth for respondent No. 9(e). Show the name of M/s. Kesvy and Co. as appearing for respondent No. 9(c). This writ petition is by defendant Nos. 1, 3 to 5 They have filed this writ petition, questioning the framing of the issues.

(2.) THESE defendants filed an application under Order XIV rule 5 read with Section 151 of CPC interalia seeking striking down of the issues framed except issue No. 5.

(3.) CASE of the plaintiffs is that, one Mandalappa was the propositus of the family, who was enjoying the property. During his life time, all the properties except No.3. Ulsoor Road, Bangalore and properly Nos. 108. 109 and 110, Old Poor House Road. Bangalore, both situated at Civil Station, Bangalore, came to be enjoyed by the parties independently. However. two suit schedule properties were enjoyed by late Mandalappa till 1971 and they remained as a joint family property. In respect of these two properties, suit is filed for partition and separate possession.