LAKSHMAMMAKAR Vs. GOWRAMMA

JUDGEMENT

(1.) The petitioners who are the plaintiffs before the trial Court filed the present Writ Petition against the order dated 05.12.2017 on I.A.No.5 made in O.S.No.183/2012 allowing the application filed under Order 22 Rule 4 read with Section 151 of Code of Civil Procedure to bring the legal representative of deceased 6th defendant on record.

(2.) The plaintiffs filed suit for declaration to declare that the sale deed executed by the defendants No.1 and 5 in favour of 7th defendant in respect of Item No.1 of the schedule property dated 11.09.1996 and sale deed executed by 6th defendant in favour of 8th defendant i.e., Item No.2 dated 25.05.2006 is not binding upon the 1/3rd share of the plaintiffs and further, direct the defendants No.1 to 6 to effect partition of the schedule properties by metes and bounds and gave 1/3rd share to the plaintiffs free from encumbrance and put in physical possession of the plaintiffs lawful share.

(3.) The defendant No.1 is the 1st plaintiff's husband's younger brother's wife. Defendants No.2 to 5 are the sons and daughter of the 1st defendant. 6th defendant is the 1st plaintiff's husband's younger brother. Plaintiffs No.2, 4 and 5 are the sons and daughter of the 1st plaintiff. 3rd plaintiff is the daughterin- law of the 1st plaintiff. The defendants No.7 and 8 are the purchaser of item Nos.1 and 2 of the suit schedule properties. The plaintiffs and defendants No.1 to 6 are members of the joint family and there was no partition. Therefore, the plaintiffs are entitled to the share sought for.