ORDER :

The plaintiff in O.S.No.2230/2021 has filed this Writ Petition challenging the order dated 15.02.2023 on I.A.Nos.5 to 8.

2. Necessary facts are as follows:

Suit is for partition against 68 defendants in respect of 46 items of the property. The plaintiff has pleaded in the plaint that Gummanna was the propositus and he had 3 sons namely Anjinappa, G. Nanjappa and Sanjeevappa, and 2 daughters namely Hanumakka and Sanjeevamma. Plaintiff is the daughter of Sanjeevappa and she stated that the suit properties were ancestral joint family properties; though there had not taken place actual partition amongst the children of Gummanna, the revenue records came to be transferred in the names of 3 sons for convenience. The defendants denied her share in the suit properties and therefore she brought the suit for partition.

The defendant No.7 filed written statement denying the plaintiff’s right to claim partition in view of a partition having taken place on 21.09.1953 amongst the sons of Gummanna. In the course of proceedings defendants No.7 and 14 filed applications under Order 6 Rule 16 of CPC. If defendant No.7 sought to strike out item Nos.1, 7, 8, 9, 11, 13, 16, 17, 18, 19, 24, 26, 28 t