V. SHANTHALAKSHMI JAYARAM Vs. V. ANU ALKUNTE

JUDGEMENT

(1.) Captioned petition is filed by the defendants 8 to 11 assailing the order of the learned Judge passed on I.A.No.16 filed by defendants 15 to 19 seeking leave to get themselves transposed as plaintiffs 14 to 18 and permit them to prosecute partition suit. The said application is allowed.

(2.) Facts leading to the case are that respondents 6 to 18 have filed a suit for partition and separate possession by contending that there is no partition in the family. In the said suit, the present respondents 1 to 5 who are defendants 15 to 19 filed written statement and set up a counterclaim and prayed to allot their legitimate share in the property. The plaintiffs filed a memo and sought for withdrawal of their suit. It is in this background, respondents 1 to 5 filed an application seeking transposition. Said application is allowed.

(3.) I am not inclined to interfere with the order under challenge. In the absence of counterclaim, it is a trite law that in a partition suit, all parties are plaintiffs. If respondents 1 to 5 have paid Court fee and have sought their shares by filing a written statement, even in the absence of transposing application, they are entitled to prosecute the present partition suit. Therefore, I do not find any error in the order under challenge. Accordingly, the writ petition stands dismissed.