M R SEETHARAM Vs. M R RAGHURAM

JUDGEMENT

(1.) The petitioners are before this Court under Article 227 of the Constitution of India, assailing the order dated 11-04-2017 passed in O.S.No.1478/2006 by the Senior Civil Judge and JMFC, Devanahalli, by which I.A. filed by the petitioners and respondent No.1 under Order 23 Rule 3 of CPC is kept open for consideration at the time of final disposal of the suit.

(2.) The brief facts of the case are as follows:

(3.) It is the case of the plaintiff that under partition dated 01.04.1970 the properties belonging to the family of the plaintiff and defendants were partitioned and parties are in possession of their respective shares. The defendants further entered into a registered memorandum of confirmation of oral partition on 18.11.2005. The properties which fell to the shares of defendants under partition dated 01.04.1970 were rearranged. The plaintiff is not a party to the memorandum of confirmation dated 18.11.2005. The plaintiff/respondent No.1 herein filed suit in O.S.No.1478/2006 and sought among other prayers for declaration of the said memorandum of confirmation dated 18.11.2005 is not binding on him and is void.