K. NARAYANASWAMY AND ORS. Vs. RATHNAMMA AND ORS.

JUDGEMENT

(1.) Though the matter is listed in the orders list, with the consent of learned counsel on both sides, matters are taken up for final disposal.

(2.) These writ petitions are filed by the petitioners -defendant Nos. 6 and 7 seeking to set aside the common order dated 30.4.2015 passed by the trial Court as per Annexure 'S' in O.S. No. 408/2005.

(3.) The respondents 1 and 2 -plaintiffs before the trial Court filed the said suit seeking partition and separate possession of their 1/3rd share of suit schedule property against the defendants. The said suit was contested by the defendants including the writ petitioners herein. Suit was decreed for 1/6th share instead of 1/3rd share as claimed by the plaintiffs in the said suit. Defendant Nos. 6 and 7 preferred the appeal challenging the judgment and decree passed in the said suit in R.F.A. No. 714/2009. In the said appeal, the appellants -defendant Nos. 6 and 7 also filed applications seeking amendment of the pleadings and also to lead further evidence by producing additional documents. It was contended by the appellants before the Court that regarding the death of Ramaiah Reddy, they have already produced the document as per Ex.D1 i.e., death ceremony card, which was disputed by the other side. Ultimately, the appellate Court on framing additional issue, has remanded the matter to the trial Court to record its finding on the additional issue. The additional issue framed by the appellate Court reads as follows: