JUDGMENT

Sachin Shankar Magadum, J. - This writ petition is filed by defendant No.1 questioning the order passed in O.S.No.218/2011, on I.A.No.26 filed under Order under 13 Rule 10 of CPC by the Prl. Senior Civil Judge, Gokak

2. The facts leading to the writ petition are as follows: Respondent Nos. 1 to 5/plaintiffs have filed the suit for declaration and perpetual injunction in O.S.No.218/2011 before the Prl. Senior Civil Judge, Gokak.

3. Respondent Nos. 1 to 5/plaintiffs have specifically contended in the plaint that the suit lands were tenanted lands. The ancestors of plaintiffs were cultivating the suit lands as tenants. After coming into force of the Land Reforms Act 1974, one Siddavva on behalf of her minor son Maruti filed an application before the land Tribunal for grant of occupancy right. The Tribunal after due enquiry has conferred occupancy right to the family of respondent Nos.1 to 5/plaintiffs. It is specific case of respondent Nos. 1 to 5/plaintiffs that they are the owners and cultivators of all the petition lands.

4. The respondent Nos.1 to 5/plaintiffs have also averred in the plaint that there is no partition by metes and bounds in the suit lands till today. Cause