M. VAJRAPPA Vs. BHAGYAMMA

JUDGEMENT

(1.) Even though the matter is posted for orders, with the consent of the learned counsel for the parties, the matter is heard finally.

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

(3.) The plaintiff had filed the suit for partition. On service of summons to defendants, defendants appeared and filed written statement and defendant No.5 filed application under Sec. 151 of CPC and sought for dismissal of suit as not maintainable. After hearing the arguments of the parties, the Trial Court has dismissed the application filed by the defendant No.5 under Sec. 151 of CPC on the ground that the application is not maintainable. Being aggrieved by the same, the defendant No.5 has filed this petition.