ASHOK Vs. SUMITRABAI

JUDGEMENT

(1.) This revision petition is filed by defendants 1 and 2 under Sec. 115 of the Code of Civil Procedure, 1908 (for short "CPC") challenging the order passed on I.A.No.1 in O.S.No.154/2021 dtd. 15/12/2022 by the Additional Senior Civil Judge, Jamakhandi.

(2.) The brief facts leading to the case are that the plaintiff has filed a suit for partition and separate possession of suit schedule properties. She has also sought for declaration that she is the exclusive owner of suit schedule-A property and it is her self-acquired property and sought for cancellation of entries in the revenue records and also for partition and separate possession of Schedule-B and Schedule-C properties.

(3.) The suit is contested by the defendants by filing written statement. After filing of written statement, defendants 1 and 2 have filed I.A.No.1 under Order VII Rule 11 of CPC for rejection of the plaint. The said application was contested by the plaintiff and the learned I-Additional Senior Civil Judge vide order dtd. 15/12/2022 dismissed I.A.No.1 filed for rejection of the plaint. Being aggrieved by this order, this revision petition is filed.