M V GOVINDARAJU Vs. ANASUYA @ ANUSUYAMMA

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of the Constitution of India challenging the order dated 05-09-2015 passed on I.A.No.1/2014 in O.S.No.2333/2011 on the file of the 24th Additional City Civil Judge, Bengaluru by which, I.A. filed under Order 6 Rule 17 of CPC is rejected.

(2.) The respondent herein is the plaintiff in O.S.No.2333/2011 and the petitioners herein are the defendants in the suit. Parties to suit are sister and brothers. The suit is for partition of suit schedule property and for mesne profits and also for permanent injunction.

(3.) The petitioners/defendants filed their written statement denying the plaint averments and stated that they have become owners of the suit schedule properties. The plaintiff got married in the year 1969 itself and the plaintiff has lost joint family status and joined the marital house.