LAKSHMAMMA Vs. B.S.N.HARI

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed against the dismissal of I.A filed under Order 39 Rule 1 and 2 of CPC which is numbered as I.A.No.2 before the Trial Court in O.S.No.4782/2021 on the file of XIV Addl. City Civil Judge at Bengaluru (CCCH-28).

(2.) Heard the learned counsel for appellants and also the learned counsel for respondents.

(3.) The factual matrix of the case of the plaintiff before the Trial Court that the suit schedule properties are the ancestral properties of their family. It is also contended that there is no partition in the family. J.M.Krishnappa who is the uncle of the plaintiff No.2 used to manage the entire family properties. After his death his son by name J.K.Jagadeesh is in peaceful possession and enjoyment of the suit schedule property. The ancestors of the father of the plaintiff No.2 filed a suit against all the properties of the family and against all the members of the joint family for the relief of partition in O.S.No.5702/2008. The plaintiffs are defendant Nos.2 to 6 in the said suit. The defendant Nos.1 to 4 herein are also parties to the said suit and they are the defendant Nos.19, 19(a), 64 and 65 in the said suit.