JUDGMENT :

1. The learned counsels for the parties are heard with their consent for final disposal in the light of the assertion that the suit in O.S. NO. 5507/2009 is set down for final arguments. The petitioners are the plaintiffs in O.S. No.5507/2009 on the file of the XXVII Additional City Civil and Sessions Judge, Bengaluru [for short, 'the civil Court']. The petitioners have impugned the civil Court's order dtd. 11/8/2021, and the civil Court by this impugned order has dismissed the petitioners' application under Order VI Rule 17 of the Code of Civil Procedure, 1908 [for short 'CPC'].

2. The petitioners have continued the suit in O.S. NO. 5507/2009 filed by the original plaintiff, Smt. Jayamma, for declaration of title and mandatory injunction for the property described as measuring 15 feet x 20 feet and bearing No.187, Bhakshi Garden, Cottonpet Main Road, Chickpet, Bengaluru with certain boundaries [the subject property].

3. The petitioners' case is that the original plaintiff's brother, late Shama, who is now represented by the fourth respondent, purchased the subject property comprised in a larger extent under the sale deed dtd. 30/7/1976 and gifted a portion thereof (the sub