R D SURESH @ MANJUNATH Vs. R A MANJUNATH

JUDGEMENT

(1.) These writ petitions are filed by the defendants No.(1)(a), 2(a), 2(b), 2(c), 2(e) and 2(f) in O S No.214/1995 on the file of the 2nd Additional Senior Civil Judge & JMFC, Tumkur being aggrieved of the order dated 24.6.2014 passed on I A filed by the third defendant therein under Order VIII Rule 8 r/w Section 151 of the Code of Civil Procedure, 1908. The court below allowed the application and permitted the third defendant to file separate written statement.

(2.) The facts in brief are that the plaintiff filed the suit for partition and separate possession of his one -fourth share on the ground that the properties are ancestral and joint family properties.

(3.) The defendants 1 to 5 filed common written statement contending that item Nos.1(a), 1(b) and IV i.e., Sy.Nos.26, 14 and 11 of Agalakok village and item Nos.2(a), 2(b) i.e., House Nos.21 and 22 at Tumkur Town are not ancestral and joint family properties, but self -acquired properties of late R V Surappa, father of plaintiff, defendants 1 and 2 and grandfather of defendants No.3 and 4. He left behind holographic Will dated 3.5.1969 bequeathing the same to defendant Nos.1 to 4. That partition took place in 1988 in terms of the said Will and respective parties are in possession and enjoyment of their respective shares of properties.