M.V. TEJASHRI Vs. NAGENDRA M.N.

JUDGEMENT

(1.) The legal representatives of the 3rd defendant in O.S. No.625/2011 filed the present writ petition against the order dated 18.7.2016 rejecting the memo for issuance of summons.

(2.) The plaintiffs/Respondent Nos.1 and 2 filed O.S. No.625/2011 for partition and separate possession of the suit schedule properties contending that the suit schedule properties are the joint family properties of the plaintiffs and the defendants and therefore, they are entitled to the share in the said properties etc.

(3.) The defendant Nos.1 and 3 filed the written statement denying the plaint averments and contended that the suit schedule properties are the self acquired properties of the 1st defendant, the grand-father of the plaintiff and the 1st defendant has executed a registered Will in respect of the suit schedule properties in favour of the 3rd defendant. Therefore, they sought for dismissal of the suit.