JUDGMENT :

(Prayer in A.No.478 of 2021: Petition filed Under Order XIV Rule 8 of High Court Original Side Rules read with Section 151 of Civil Procedure Code to reject the plaint as provided for under the provision of order 7 rule 11 of CPC.)

1. This application has been filed by the first defendant seeking for rejection of the plaint filed by the plaintiff in CS.No.390 of 2020. The applicant/first defendant is the father and the first respondent/plaintiff and the second respondent/second defendant are his sons.

2. The suit was filed by the first respondent/plaintiff seeking for partition of the properties owned by his late mother Padmavathy. According to the first respondent/plaintiff, the suit A schedule property was purchased by his mother, out of her self acquired funds and suit B, C & D schedule properties were inherited from her ancestors and therefore, they are ancestral properties. The first respondent/plaintiff has claimed 1/3rd share in the suit A schedule property and ½ share in the suit B, C & D schedule properties. According to the first respondent/plaintiff, being a self acquired property of his mother, the plaintiff and the defendants 1 and 2 are having equal shares and