CHANNABASAPPA YALLAPPA KARADDI Vs. HANAMAPPA CHANNABASAPPA KARADDI

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the contesting respondent.

(2.) THE petitioner/defendant No. 1 in O. S. No. 202/2002 filed i. A. No. VI under Order 18 Rule 16 read with Section 151 of CPC for getting himself examined out of turn. The said suit is filed by the respondent/plaintiff praying for decree for partition and separate possession against the petitioner (father), mother and sister. The petitioner/defendant has opposed the prayer by filing written statement inter alia taking one of the grounds of prior partition in the year 1953.

(3.) IN this suit, the petitioner has come up with the aforesaid application inter alia contending that he is aged 84 years, he is suffering from heart ailment and low blood pressure and as he is uncertain of his life, wants to get examined himself at the earliest before the death strikes him.