C. MANOHAR Vs. S. MEGANATHAN

JUDGEMENT

(1.) Defendants nos.2 and 3 are before this Court in the writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dtd. 15/4/2021 passed on the interlocutory application filed under Sec. 151 of CPC in O.S.No.912 of 2016 by the Court of LXIV Additional City Civil & Sessions Judge, Bengaluru.

(2.) Heard the learned counsel for the petitioners.

(3.) Suit in O.S.No.912 of 2016 is filed before the jurisdiction civil Court by respondent nos.1 and 2 herein seeking the relief of partition and separate possession of the suit schedule properties and to declare the Release Deed as well as the Sale Deed executed by defendant no.1 and 2 as not binding on the plaintiffs. In the said suit, defendants nos.1 to 3 had filed written statement opposing the suit claim. IA under Sec. 151 of CPC was filed by defendant nos.1 and 3 seeking permission of the Court to permit the defendants to pay stamp duty and penalty in respect of Site No.38 which they had purchased. The said application was opposed by the plaintiffs and the trial Court by the order impugned has rejected the said application. Aggrieved by the same, defendants nos.2 and 3 are before this Court.