N. JAIPAL Vs. GRACY

JUDGEMENT

(1.) This appeal under Order XLIII Rule 1(r) of CPC is filed by the defendant No.4 in O.S.No.26132/2021 challenging the order dtd. 20/6/2023 passed by the XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH-22) only in respect of I.A.No.1 filed under Order XXXIX Rule 1 and 2 of CPC.

(2.) For the sake of the convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) The plaintiffs have filed the suit for partition and separate possession in respect of the suit schedule property. Along with the plaint, the plaintiffs have filed I.A.Nos.1, 2 and 4. The present appeal is filed before this Court only in respect of order passed on I.A.No.1 filed under Order XXXIX Rule 1 and 2 of CPC.