DEENANATH Vs. CHANDRAHAS

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is filed by the defendant with a prayer to set aside the order dtd. 10/11/2021 passed in O.S.No.193/ 2019 by the Court of Principal Senior Civil Judge and CJM, Mangaluru, D.K., on the memo dtd. 27/9/2021 filed on behalf of the plaintiffs.

(2.) Heard the learned counsel appearing for the parties.

(3.) Plaintiffs have filed O.S.No.193 of 2019 before the jurisdictional civil Court, Mangaluru D.K, District against the petitioner herein seeking the relief of partition and separate possession of the suit schedule 'A' property and to allot 1/5th share each in the suit schedule 'A' property. The petitioner / defendant had opposed the suit claim by filing a detailed written statement and it was contented that the father of the plaintiffs and defendant, namely K. Ananda had executed a will dtd. 11/11/2007, bequeathing the plaint item No.3 in his favour. In the said suit, a memo was filed on behalf of the plaintiffs stating that at present they have no evidence to lead and reserving their right to lead rebuttal evidence, the defendant may be asked to lead evidence. The said memo was opposed by the defendant by filing objection. The trial Court, vide the order impugned dtd. 10/11/2021 has taken the evidence of plaintiffs as 'nil' for the time being subject to their right to lead rebuttal evidence and has called upon the defendant to lead evidence. Being aggrieved by the same petitioner / defendant is before this Court.