SANGAPPA Vs. SADASHIV

JUDGEMENT

(1.) This petition is directed against the impugned orders dtd. 18/8/2015 and 4/7/2017 passed in O.S.No.179/2013 on the file of Principal Senior Civil Judge, Gokak.

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

(3.) The material on record discloses that the petitioners-plaintiffs instituted the aforesaid suit for partition and separate possession of their alleged share in the suit schedule properties against the respondents-defendants. In the said suit, respondents No.7 to 15 were arrayed as defendants No.7 to 15 and stated that they also entitled to share in the suit schedule properties and submitted that they had paid requisite Court fee. Subsequently, when the matter was posted on 18/8/2015, the petitioners-plaintiffs filed a memo seeking dismissal of the suit as not pressed. Respondents No.7 to 15 requested to transposing themselves as plaintiffs and to continue the suit. Subsequently, when the petitioners-plaintiffs insisted on orders to be passed on the aforesaid memo dtd. 18/8/2015, defendants No.7 to 15 reiterated the request for transposition pursuant to which the trial Court proceeded to pass the impugned order dtd. 4/7/2017 transposing defendants No.7 to 15 as additional plaintiffs No.4 to 12 in the suit. Aggrieved by the impugned order passed by the trial Court accepting the memo of the plaintiffs and transposing defendants No.7 to 15 as plaintiffs No.4 to 12, the petitioners- plaintiffs are before this Court by way of present petition.