M. NAGENDRA Vs. NANJAMMA

JUDGEMENT

(1.) The second defendant filed the present writ petition against the order dated 24.06.2017 made in O.S.No.2/2015, on the file of the Senior Civil Judge, Tirumakudal Narasipura, rejecting I.A.No.7 filed by the second defendant under Order VII Rule 11(d) r/w Section 151 of the Code of Civil Procedure.

(2.) The plaintiffs filed suit for partition and separate possession of their 6/7th share in the suit schedule properties by metes and bounds, by holding the registered sale deed dated 05.09.2003 executed in favour of the second defendant in respect of item No.1 as not binding on the plaintiffs to the extent of their undivided share, contending that the suit schedule properties are the joint family properties of plaintiffs and defendants and there was no partition in the joint family and therefore they are entitled to the share etc.

(3.) The defendant No.2 filed written statement, denied the entire plaint averments and contended that the very suit filed by the plaintiffs is not maintainable and the amendment to Hindu Succession Act which came into force from 09.09.2005 shall not have any effect in so far as any dispossession or alienation including any partition or testamentary dispossession which had taken place prior to 20th December 2004, and sought for dismissal of the suit.