ORDER :

Petitioners who are plaintiffs before the trial Court filed the present writ petition against the order dated 04.02.2019 passed on I.A.38 in O.S.No.3844/1995 on the file of the 38th Additional City Civil Judge, Bengaluru, thereby partly allowing the application filed by the petitioners under Order 14 Rule 5(2) read with Section 151 of Code of Civil Procedure.

2. It is the case of the petitioners – plaintiffs that the suit came to be filed for partition and separate possession and consequential reliefs against the defendants contending that suit schedule properties are the joint family properties of plaintiffs and defendants and there was no partition. The defendants filed written statement contending at the first instance that the suit schedule properties were joint family properties, but after filing additional written statement they contended that earlier there was partition between defendants 1 to 3 and their father and the suit filed by the plaintiffs is not maintainable and sought for dismissal of the suit.

3. Based on the aforesaid pleadings, the trial Court at the inception framed issues as hereunder :

a. Whether the defendants prove that the suit is bad for non-joinder