ORDER

This petition by defendant Nos. 7 and 8 in O.S.No.168 of 2002 is directed against the impugned order dated 12.09.2023 passed by the learned Principle Civil Judge and JMFC, Kundapura, whereby the application IA No.10 filed by respondent No.1-plainitff under Order VI Rule 17 of CPC, seeking amendment of the plaint by incorporating additional prayer as well as corresponding pleadings in the plaint was allowed by the Trial Court. 2. Perusal of the material on records will indicates that respondent No.1-plainitff instituted the aforesaid suit for partition and separate possession of their alleged share in the suit schedule properties. The said suit was initially decreed in favour of the plaintiff vide judgment and decree dated 24.01.2008. Aggrieved by the same, the defendants preferred an appeal in R.A.No.15 of 2008, which was set aside by the First Appellate Court and remitted back the matter to the Trial Court for reconsideration in accordance with law.

3. The said order of remand was challenged before this Court in M.S.A.No.31 of 2019 which was dismissed by this Court vide order dated 01.12.2021.

4. Subsequently, since the petitioners herein impleaded as additional defendants to t