1. Defendant No.1 in the original suit has filed this writ petition, being aggrieved by impugned order dated 15.07.2013 passed by the II Addl. Senior Civil Judge, Mangalore, DK on I.A. No.13 filed by the plaintiff under Order VI, Rule 17 read with Section 151 of the Code of Civil Procedure.

2. Respondent No.1 herein, who is the plaintiff in the original suit, filed the suit for relief of partition, permanent prohibitory injunction restraining the defendants from alienating the suit schedule properties and to direct the defendants to render true and correct accounts of all the incomes and profits derived from the suit schedule property and for the cost of the suit.

3. The first defendant filed written statement on 25.10.2003 inter alia contending that the suit for partition was not maintainable, since the claim of the plaintiff is based on Wills left behind by their parents and since those Wills were duly probated and by execution of Release Deed dated 01.01.2003, the administration of the estate of the deceased parents came to an end and that the only remedy available was to sue for administration. It is further alleged in the written statement that by virtue of the Release De