BHAGYALAKSHMI Vs. B.M. ROOPA

JUDGEMENT

(1.) The defendants 1, 2 and 3 filed the present writ petition against the order dated 31.03.2017 dismissing the application filed under Section 151 of Code of Civil Procedure made in O.S.No.8778/2015 on the file of the XXVII Addl. City Civil Judge, Bengaluru City.

(2.) The Respondent No.1/plaintiff filed suit in O.S. No.8778/2015 for partition and separate possession in respect of the suit schedule properties against petitioners and respondent No.2 herein contending that the suit schedule properties are the joint family property of plaintiff and defendants 1 to 3 and defendant No.4 is tenant in respect of the suit schedule properties and plaintiff is entitled to 1/4th share and also sought for enquiry into and determine mesne profits in respect of schedule A property, permanent injunction to restrain the defendants 1 to 3 from alienating the schedule A property and for mandatory injunction directing the defendants 1 to 3 to deliver schedule B property to the plaintiff.

(3.) The defendants 1 to 3 filed written statement contending that suit filed by the plaintiff for partial partition is not maintainable and is liable to be dismissed, since other joint family properties of plaintiff and defendants are not included in the suit. The fourth defendant filed written statement, not disputed that suit schedule properties are joint family properties and contended that he was ready and willing to vacate the premises and refund the amount due.