S. Sujatha, J. - This petition is directed against the order on IA No.1 dated 19.09.2016 in O.S.No.54/2016 pending on the file of the Civil Judge and JMFC, Kittur.

2. For the sake of convenience, the parties are referred to as per their rankings before the court below.

3. Briefly stated the facts are: the plaintiffs filed O.S.No.54/2016 before the trial Court seeking the relief of recovery of possession of suit land from the defendants. In the said suit proceedings, the defendants filed IA No. 1 under Order 7, Rule 11 of the Code of Civil Procedure with a prayer to reject the plaint. The said IA was contested by the plaintiffs and it was contended that the same was not maintainable either on law or on facts. The trial Court after appreciating 299 the material facts, rejected LA" No. 1 filed by the defendants. Being aggrieved, the defendants have filed this revision petition.

4. The suit schedule properties are house property bearing G.P.No. 118/A and vacant site bearing No.G.P.No.119 situated at Turakarshigihalli village, Bailhongal taluk, within the boundary stated in the plaint. The original owner Sri Basappa Subedar i.e., the father of the plaintiffs died prior to coming int