KASTURI Vs. S. ARUNDATHI

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 18/1/2020 passed in O.S.No.1/2019 by the Senior Civil Judge and JMFC, Tirthahalli (for short, the trial Court') whereby, the petitioner-plaintiff is directed to implead all the legal heirs of Sri. Vedavyasa Jois S/o. Anath Narayana Jois.

(2.) Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to the respondents is dispensed with.

(3.) The material on record discloses that the petitioner instituted the aforesaid suit for partition and separate possession of his 5/6th share in the suit schedule immovable property. The plaint averments indicate that it was the specific contention of the petitioner-plaintiff that the respondents-defendants were co-owners having a joint 1/6th share in the suit schedule properties. It was further contended that the other co-sharers who were jointly entitled to the remaining 5/6th share had already conveyed the remaining 5/6th share in favour of the petitioner-plaintiff under various sale deeds and it was only 1/6th share of the respondents-defendants which was not conveyed and consequently, the petitioner-plaintiff was entitled to partition and separate possession of his undisputed 5/6th share in the suit schedule properties excluding 1/6th share of the respondents-defendants. However, after hearing the parties, the trial Court reserved/posted the matter for judgment at which stage, it proceeded to pass the impugned order directing the petitioner to implead the other co-sharers who had already executed registered sale deed in favour of the petitioner in respect of their undisputed 5/6th share in the suit schedule property. Aggrieved by the impugned suo moto order passed by the trial Court, the petitioner is before this Court by way of the present petition.