This civil revision petition under Section 115 of the Code of Civil Procedure, 1908, by the second defendant in O.S. No. 82 of 2006, on the file of the Additional Civil Judge (Senior Division), Tumkur, which is a suit for partition filed by the respondents 1 and 2, minors represented by their mother as guardian and next friend, impleading the third respondent-father as first defendant and the petitioner-Bank as the second defendant, wherein the Trial Court has answered a preliminary issue regarding jurisdiction of the Civil Court raised at the instance of the petitioner, in terms of the order dated 5-4-2007 holding that the Court has jurisdiction to try the suit, is for setting aside this order in this revision petition.

2. It appears, the petitioner-Bank had taken the defence that the suit itself is not tenable in view of the provisions of Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the Act'); that the petitioner-Bank, in whose favour the subject properties as mentioned in the schedule to the suit, which is also the subject-matter of suit for partition, had been mortgaged for the monies bor