NINGAPPA Vs. SORRAWWA HOLABASAPPB ULLAGADDI

JUDGEMENT

(1.) This petition is directed against the common order dtd. 18/11/2022 passed on I.A.Nos.11 and 12 in O.S.No.10/2019 by the Additional Senior Civil Judge and J.M.F.C. at Mudhol, whereby the aforesaid applications filed by the petitioners was rejected by the trial Court.

(2.) Heard learned counsel for the petitioners and learned counsel for respondent Nos.2 to 6 and perused the material on record.

(3.) The material on record discloses that the respondents instituted the aforesaid suit for partition and possession for their alleged share in the suit schedule properties and for other reliefs. In the said suit, the petitioners are arrayed as legal representatives of the deceased/defendant No.1-Ningappa and they are contesting the suit. In their written statement, in addition to disputing and denying the claim of the plaintiffs, the petitioners/defendants also put forth the counter claim seeking partition and separate possession of the written statement schedule properties and paid Court fee in this regard also.