SRINIVAS Vs. M.C.NARAYANASWAMY

JUDGEMENT

(1.) This appeal has been filed challenging the order dtd. 9/2/2018 on I.A.No.IX filed by respondents No.6 to 10 herein under Order VII Rule 11 read with Sec. 151 of C.P.C., whereby the learned II Addl. Senior Civil Judge and J.M.F.C., Kolar (hereinafter 'Trial Court') has allowed the application by passing the following order:

(2.) The facts as noted from the record are, it was the case of the appellants/plaintiffs in the suit being O.S.No.144/2014 that certain suit properties are ancestral/joint Hindu Undivided Family properties as the same were purchased by the original propositus Sri. Chikkamuniyappa, the father of appellants and respondent No.1. Late Chikkamuniyappa died intestate on 18/10/1994 leaving the appellants and respondent No.1 as his legal representatives to succeed to his estate including the suit properties. It was the case of the appellants that respondent No.1 had obtained registered sale deed dtd. 29/9/2006 from appellants No.1 to 5 (along with Akkamma W/o Late Chikkamuniyappa). had jointly filed a suit for partition in O.S.No.534/2007 before the Principal Civil Judge (Junior Division) at Kolar against respondent No.1 and also against the appellants No.1 to 5 and respondent No.9 herein.

(3.) The said suit was dismissed for non-prosecution.