B.V. RAMACHANDRAPPA Vs. SMT. GOWRAMMA

JUDGEMENT

(1.) The unsuccessful plaintiffs have filed the present writ petitions against the order dated 3-1-2017 passed in M.A. No. 15002 of 2014 by the V Additional District and Sessions Judge, Devanahalli rejecting I.A. No. 2 filed under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908 in O.S. No. 340 of 2013 and allowing the appeal by setting aside the order passed by the Trial Court.

(2.) The present petitioners, who are plaintiffs before the Trial Court had filed a suit - O.S. No. 340 of 2013 for partition and separate possession in respect of the suit schedule property more-fully described in the schedule contending that the suit schedule property is a joint family property of the plaintiffs and defendants 1 to 5. It is their case that they came to know that the suit schedule property is acquired by the 6th respondent in the year 2007 when they had filed a suit for partition and separate possession.

(3.) The plaintiffs filed I.A. for temporary injunction reiterating the plaint averments. The said application was resisted by defendant 2 by filing objections.