ORDER :

CRP 297/2016 has been filed by the defendants 1, 2 and 3 and CRP No.166/2017 has been filed by defendant nos.15, 21, 22, 24, 25, 26, 29, 30, and 23 respectively challenging the common order passed on IA Nos. 4 and 9 whereby the applications filed under Order V11 Rule 11 (a) and (d) of CPC came to be dismissed as per the order dated 18.06.2016.

2. As both the petitions have been filed challenging the common order both the petitions are disposed of by this order.

3. The parties are referred to by their ranks before the trial court for the purpose of convenience. The plaintiffs are stated to be the collateral and lineal descendants of late Munivenkata Bhovi. It is stated that the propositus Munivenkata Bhovi died leaving behind his legal representatives Hurukappa and two grandsons Dodda Venkataswamy and Chikka Venkataswamy. It is stated that the children of late Munivenkata Bhovi, Hurukappa and Chikka Venkataswamy had executed sale deed in favour of Khasimsab to the exclusion of Dodda Venkataswamy by the sale deed dated 09-12-1946 with respect to the property described as ‘A’ schedule property.

4. Subsequently it is stated that late Khasimsab sold the same property in favour of la