NAGARAJU Vs. RATHNAMMA

JUDGEMENT

(1.) This petition by the defendant in O.S.No.737/2018 is directed against the impugned order dtd. 1/6/2023 passed on I.A.No.10 by the 5th Addl.Senior Civil Judge and JMFC, Mysore, whereby the said application filed by the petitioner - defendant seeking deletion of Item No.8 of the suit schedule property was rejected by the trial court.

(2.) Heard learned counsel for the petitioner and perused the material on record.

(3.) The material on record discloses that the respondents - plaintiffs instituted the aforesaid suit against the petitioner herein for partition and separate possession of their alleged share in the suit schedule immovable properties. In the plaint, house property situated at Mysore city was described as Item No.8 of the plaint schedule properties. During the pendency of the suit, petitioner - defendant filed the instant application I.A.10 seeking deletion of Item No.8 from the suit schedule property inter alia contending that the same was a separate and self acquired property and consequently, the question of including the same in the instant suit would not arise. Though the said application was not opposed by the respondents - plaintiffs, who, in fact submitted that they had no objection to allow the said application and has made necessary endorsement in this regard, which has been recorded by the trial court in the impugned order, the trial court summarily rejected the application on the sole ground that the wrong provision was cited / quoted by the petitioner in the application.