JUDGMENT :

1. The petitioner Defendant No.3 is before this Court seeking for setting aside the order dtd. 23/10/2020 passed in O.S. No.237/2020 passed by the Additional Senior Civil Judge at Nelamangala dismissing the application in I.A. No.III filed under Order VII Rule 11(a) and (d) read with Sec. 151 of the Civil Procedure Code filed by the defendant No.3 therein, who is the petitioner herein.

2. The plaint in O.S. No.237/2020 has been filed seeking for the following reliefs:

A] To pass the judgment and decree of partition directing the defendants to effect partition out of the suit schedule property by meets and bounds with the separate possession to the extent of 1/3rd share each plaintiff, in all to the extent of 2/3rd share together out of the suit schedule property by meets and bounds.

B]. To pass the judgment and decree of declaration to declare that the below mentioned documents are not binding upon the shares of the plaintiffs out of the suit schedule property.

1) The agreement to sell dtd. 3/2/1995 registered in the office of the sub-registrar at Nelamangala as document no 2282/1994 in favour of the defendant no 3 alleged to be executed by the defendant no 1 and 2.

2) The GPA