JUDGMENT :

The plaintiff-appellant filed this regular first appeal against the judgment dated 27.03.2018 made on I.A.No.2 in O.S.No.40/2017 allowing the application filed by the defendants under Order VII Rule 11 (d) of Code of Civil Procedure thereby dismissing the suit as barred by law and hit by Section 11 of Code of Civil Procedure.

I. Facts of the Case:

2. The present appellant-plaintiff filed suit for partition and separate possession in respect of suit schedule A, B and C properties more fully described in schedule plaint contending that plaintiff is son of the first defendant and the second defendant is the wife of one late Rajshekar, who was real brother of plaintiff and son of the first defendant. The plaintiff and the defendants together constituted Hindu joint family guided by Mitakshara School of Hindu law. The suit schedule A, B and C properties are the ancestral joint family properties of the plaintiff and defendants. The said properties are left by the father of the plaintiff and husband of defendant No.2 and father-in-law of defendant No.2, namely, Late Baswanth Rao. After the demise of said Baswanth Rao, the plaintiff being the karta of the family, looked after the s