JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. The order dated 09.04.2010 passed in Writ Petition No. 2266 of 2009 (GMC-PC) by the High Court of Karnataka is called in question in this appeal.

3. The appellant herein was Plaintiff No. 1 in the suit being O.S No. 2611/1993 filed seeking partition and separate possession of joint family properties. Plaintiff Nos. 1 to 5, including the appellant herein, filed the said suit seeking partition and separate possession of joint family properties to the extent of 1/6th share to Plaintiff Nos. 1 to 3, 1/6th share to Plaintiff No. 4 and 1/6th share to Plaintiff No. 5. Initially, only three defendants were made parties to the suit. Immediately upon the appearance of Defendant Nos. 1 to 3, a compromise petition was filed on behalf of Plaintiff Nos. 1 to 5 and Defendant Nos. 1 to 3, contending that the plaintiffs and defendants had divided the joint family and ancestral properties as per the memorandum of partition dated 18.05.1972 under the Panchayat Parikath. The compromise petition came to be filed in the Trial Court on 22.04.1993. The Defendant Nos. 4 to 6, who also belong to the same family as the persons mentioned above, having com