MAHAMMEDSAB Vs. HAJRATHBI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 22.02.2014 in O.S. No. 81/2011 on the file of the III Addl. Senior Civil Judge, Hubli, whereby, the Court below has rejected the application filed by the petitioners/defendant Nos. 2 to 4 to decide the issue relating to maintainability of the suit as a preliminary issue.

(2.) THE respondent Nos. 1 to 8 are plaintiff Nos. 1 to 8 in the aforesaid suit. The petitioners are defendant Nos. 2 and 4 and respondent No. 9 is defendant No. 1. Suit filed by the plaintiffs is for partition and separate possession of the suit schedule property. In the said case, the petitioners herein filed their written statement contending that the property belongs to defendant No. 1. During his lifetime the plaintiffs being his wife and children cannot seek partition of the property. They filed the above application to decide the issue relating to the maintainability of the suit as a preliminary issue.