Chikkamadaiah VS Ningamma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

B.VEERAPPA
Chikkamadaiah – Appellant
Versus
Ningamma – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Sri Somashekhar Kashimath, Advocate
For the Respondent No.1:Sri Rajeswara P.N. Advocate
For the Respondent Nos.2 and 3: Notice not ordered

ORDER

B. Veerappa, J.—The present writ petition is filed by the first plaintiff against the order dated 6.2.2016 dismissing I.A.No.VII, filed by the plaintiffs under Order XXIII Rule 1(3)(a) r/w. Section 151 of Code of Civil Procedure in O.S.No.56/2014 on the file of the I Additional Civil Judge and JMFC., Malavalli.

2. The plaintiffs filed a suit in O.S.No.56/2014 for partition and separate possession in the suit schedule properties contending that the suit schedule properties are joint family properties of the plaintiffs and defendant; plaintiffs and the defendant are the members of the joint family and there was no partition in the family, etc. The defendant filed her written statement denying the entire plaint averments and contended that no cause of action arose at the time of filing of the suit. She further contended that the suit for partition is not maintainable and some of the properties are not included in the plaint schedule and therefore suit is to be dismissed, etc.

3. When the matter was posted for evidence, at that stage, plaintiffs filed I.A.No.VII under Order XXIII Rule 1(3)(a) r/w. Section 151 of CPC to withdraw the suit with liberty to file a fresh suit contending