G. RAMAIAH Vs. V. NANJUNDA MURTHY,

JUDGEMENT

(1.) PETITIONER is the plaintiff and the respondents are the defendants in O.S. No. 5541/2008 on the file of City Civil Court, Bangalore. Suit was filed on 18.08.2008 to pass a judgment and decree of declaration that the alleged will dated 19.06.1999 is not a genuine document executed by G. Rangappa out of his own free will in favour of defendants 1 and 2 and for declaring the plaintiff as absolute owner of the suit property with a direction to the defendants 1 and 2 to put the plaintiff in vacant possession of the suit property and to order an enquiry under Order 20 Rule 12 of CPC for ascertaining the mesne profits and for directing the 3rd defendant to treat the plaintiff as landlord and pay future rent and for grant of consequential reliefs. Defendants 1 and 2 have filed common written statement and defendant 3 has filed separate written statement. Based on the pleadings, issues have been raised on 08.09.2010. Defendants 1 and 2 filed I.A. II under Order 14 Rule 5 of CPC to delete issue No. 4 and for framing an additional issue. Plaintiff filed I.A. III under Order 14 Rule 5 of CPC, for deletion of issue No. 2 in view of existing issue No. 4. Learned Trial Judge considering I.As. II and III has passed a common order on 10.02.2011. I.A. II filed by the defendants 1 and 2 was allowed and I.A. III filed by the plaintiff was dismissed. Assailing the order passed on I.A. II, this writ petition has been filed. Heard learned advocates on both the sides. Perused the writ record.

(2.) THE following issues were raised by the learned Trail Judge on 08.02.2010:

(3.) DEFENDANTS 1 and 2 have claimed the suit property based on a will executed by G. Rangappa. After the death of G. Rangappa, defendants 1 and 2 have got the will registered. Plaintiff is the brother of G. Rangappa.