SAROJAMMA Vs. RAJAMMA AND ORS.

JUDGEMENT

(1.) PETITIONER is the 8th defendant in OS No. 148/2011 on the file of the Civil Judge and JMFC, HD Kote. Being aggrieved by the order dated 18.12.2014 made on I.A. No. 9 filed under Order 9 Rule 7 CPC seeking for setting aside the ex parte order passed against him and permit him to contest the matter, he has filed this writ petition.

(2.) RESPONDENTS No. 1 to 9 herein filed the suit seeking for partition and separate possession of the suit schedule properties and claimed that the suit schedule properties are ancestral properties of plaintiffs and defendants. Plaintiffs are entitled for their share in the suit schedule properties.

(3.) SRI Vijaya Krishna Bhat, learned Advocate appearing for the petitioner contended that the order passed by the Trial Court is contrary to law. The Trial Court ought to have given opportunity to the 8th defendant to defend her case. The plaintiffs are not entitled for their share in the suit schedule properties. Hence, sought for allowing the writ petition.