A RAMANATHAN Vs. SUKUMARAN BASKARAN

JUDGEMENT

(1.) This appeal has been filed by the applicants/defendants 1, 4 and 5 against the order passed by the learned Single Judge in application in A.No.2020 of 2017 in C.S.No.535 of 2014 dated 20.09.2017.

(2.) The respondents 1 to 4 herein have filed a suit in C.S.No.535 of 2014 to declare that the partition deed dated 27.11973 (Doc.No.2303/1973, SRO, Mylapore) is not binding on the parties in the suit in so far as the suit property is concerned; to divide the suit property into 9 equal shares and allot 4 such shares to the plaintiffs 1 and 2 and 4 shares to the plaintiffs 3 and 4 or one-third share to the defendants 1 to 3 each; or in the alternative to declare that by virtue of the settlement deed dated 16.09.1964 (Doc.No.1391/1964 SRO, Mylapore, Chennai) that the second defendant is the absolute owner of one-third share in the suit property and the third defendant is the absolute owner of the one-third share in the suit property and to direct the defendants 1, 4 and 5 to render accounts for income and profits from the suit property and for permanent injunction restraining the defendants 1, 4 and 5 from alienating or encumbering the suit property.

(3.) After receipt of the summons, the defendants 1, 4 and 5 have filed written statement. Subsequently, they have filed an application to receive additional written statement and that was allowed and thereafter, the plaintiffs also filed reply statement. After considering the pleadings, issues also have been framed and the suit has been posted for trial. At that stage, the defendants 1, 4 and 5 have filed an application under Order VII Rule 11 CPC in A.No.2020/2017 to reject the plaint. The learned Single Judge has dismissed the said application by the order dated 20.09.2017. Aggrieved by the same, the defendants 1, 4 and 5 have filed the present appeal. For the sake of convenience, the parties are referred to as described in the suit.