JUDGMENT

Jyoti Mulimani, J. - Petitioners have filed the present writ petition invoking the writ jurisdiction of this Court assailing the order dated 10.08.2017 passed by the Court of I Additional Senior Civil Judge, Bangalore Rural District, Bangalore on I.A.No.III filed by defendant No.10 in O.S.NO.1839/2006. A copy whereof is at Annexure-C, whereby the application under Order VII Rule 11 (d) of Code of Civil Procedure (for short 'CPC') and Section 6 (h) (3) of Transfer of Property Act,1882 has been dismissed.

2. Plaintiffs have filed a suit for declaration that they are the absolute owners of the schedule property by virtue of order dated 28.9.1979 passed by the Land Tribunal, Bangalore South Taluk, Bangalore in LRF.No.2384/75-76 and a consequential relief of permanent injunction.

Petitioner No.6 herein being defendant No.10 before the trial Court, has filed a detailed written statement.

During the pendency of the suit, defendant No.10 moved an application under order VII Rule 11 (d) read with section 151 of CPC for rejection of plaint contending that the suit is barred by law or dismiss the proceedings as it is barred by law. The application is also filed under Section 6(h) (3)