G.D. SRINIVAS Vs. VEENA RAGHURAJ AND ORS.

JUDGEMENT

(1.) PETITIONER is the third defendant in O.S. No. 8964/2013 on the file of the XX Additional City Civil and Sessions Judge, Bangalore. Being aggrieved by the order dated 19.12.2014 passed on I.A. No. 4, rejecting the application filed by him under Order 7 Rule 11 of CPC, the petitioner has filed this writ petition.

(2.) THE respondents No. 1 and 2 herein filed a suit seeking partition and separate possession of 6/25th share each in respect of 'A' Schedule Property and 1/5th share each in 'B' and 'C' schedule properties. They also sought for declaration declaring the purported deed of partition dated 27.03.2003 as null and void and not binding on the plaintiffs and also seeks for mesne profits.

(3.) THE trial Court after considering the matter in detail found that three main grounds urged by the petitioner will not fall under Order 7 Rule 11 of CPC. The question of limitation is a mixed question of law and fact and it requires enquiry. The payment of court fee and the suit valuation is also mixed question of law and the said question will be decided in trial and dismissed said application. Being aggrieved by the said order, the present writ petition is filed.