ABDUL QUDDHOSE, J.

1. This appeal has been preferred by the appellants/plaintiffs against the order of the learned Single Judge dated 12.08.2016 allowing Application No.4391 of 2015 in C.S. No. 334 of 2015 filed by the respondents/defendants seeking rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure.

2. The appellants/plaintiffs filed the suit C.S.No.334 of 2015 against the respondents/defendants seeking the following reliefs:

“(a). Directing division of the plaint schedule properties into three shares by metes and bounds with reference to good and bad soil and allotting of 1/3rd share to the plaintiffs 1 to 7 herein jointly and put the same in plaintiffs possession.

(b) Granting permanent injunction, restraining the defendants, or any one claiming through them or authorized by them from in any manner intermeddling or encumbering or alienating or creating any mortgage, lease, charge or joint development in respect of the plaint schedule properties till the final partition takes.

(c) For appointment of an Advocate Commissioner to effect division of the plaint suit properties in the aforesaid manner.”

3. The reliefs sought for in the suit revolves upon a p