This petition is filed by first defendant before the trial Court challenging the order dated 6.11.2015, dismissing I.A.19 filed by him in O.S.No.59/2012.

2. For the sake of convenience, the parties shall be referred as per their status before the trial Court.

3. Respondent No.1-plaintiff brought a suit for partition and separate possession. First defendant was initially placed ex parte and subsequently, the said order was set aside. Thereafter, he filed his written statement contending inter alia that the suit schedule properties were not ‘joint family properties’.

4. Subsequently, petitioner filed the instant I.A.19 seeking to amend the written statement by inserting para 19(A) and to contend that plaintiff and defendants were in joint possession and enjoyment of agricultural lands bearing survey Nos. 218 and 222 of Belagali village. The said I.A. was contested by defendants No.4 to 7 and defendant No.9 by filing separate statements of objections.

5. After hearing the parties and on consideration of material on record, the learned trial Judge dismissed I.A.19 by holding that petitioner-first defendant by the proposed amendment was seeking to withdraw the admissions made in the