PRADEEP Vs. PRAFUL

JUDGEMENT

(1.) The plaintiff/appellant has presented this appeal questioning the validity of the Order dated 24.04.2013 passed on I.A.No.4 filed under Order 7 Rule 11(d) of CPC in O.S.No.159/2010 on the file of the Principal Senior Civil Judge and CJM, Belagavi.

(2.) For the purpose of convenience, parties are referred as plaintiff and defendant respectively.

(3.) The plaintiff and defendant are brothers. Defendant is the elder brother. They are the sons of propositus Siddalingappa Virupaxappa Jevoor. The propositus Siddalingappa Virupaxappa Jevoor was an officer in the Education Department, Government of Karnataka and after his retirement, he was a consultant. While he died intestate, joint family properties were inherited by plaintiff and defendant from their predecessor (father) i.e., three vacant plots, namely, plot No.15 in RS No.205 (CTS No.5214), plot No.169 in RS No.109/1 situated at Kangrali BK and plot No.40 in RS No.203/3 situated at Kundwad, Tq. And Dist.Davangere.