B. Manohar, J.

1. Petitioners are defendants 4, 8(a) and 8(b) in O.S. No. 33 of 1997 on the file of the Principal Civil Judge, Hiriyur. Being aggrieved by the order dated 16-10-2014 rejecting the application filed under Order 6, Rule 17 of Civil Procedure Code, 1908 have filed these writ petitions. The predecessors of respondents 1 to 5-Nagappa and Nagendrappa had filed the suit seeking for partition and separate possession of Vi share in respect of 'A' Schedule property and also declaration, declaring that the plaintiffs are the owners of 'B' Schedule property and restraining the defendants from interfering with their possession in respect of 'B' Schedule property and for other reliefs. The contesting defendants in the suit filed written statement. On the basis of the pleadings of the parties, the Trial Court framed necessary issues. The parties went for trial. Thereafter, the Trial Court passed a decree on 17-4-2014 decreeing the suit filed by the plaintiffs. Being aggrieved by the said judgment and decree, defendants 1, 4 and 8 filed an appeal before the First Appellate Court. In the appeal, the defendants 1, 4 and 8 also filed an application under Order 41, Rule 27 of CPC f