SYED NOOR AHMED Vs. SYED NOOR AHMED

JUDGEMENT

(1.) The defendant Nos.2 and 3 in O.S. No.2506/2006 on the file of the XXII Additional City Civil and Sessions Judge, Bengaluru, (henceforth referred to as 'the Trial Court') have filed this petition challenging an order dtd. 25/6/2019 passed therein, by which the Trial Court directed that I.A. No.7 filed by them under Order XXVI Rule 10A read with Sec. 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') would be considered along with the main suit.

(2.) The suit in O.S. No.2506/2006 was filed for partition and separate possession of the plaintiffs' share in the suit schedule properties.

(3.) The defendants contended that there was a prior partition in the year 1965 and therefore, the properties in the names of the defendants were their self acquisition and were not available for partition.