ORDER

This petition is filed by the plaintiff in O.S.No.181/2013 on the file of Senior Civil Judge, Bagepalli is directed against the impugned order dated 04.11.2023, whereby the application in I.A.No.16 filed by the petitioner-plaintiff under Order VIII Rule 6-C of CPC seeking exclusion of counter-claim setup/put forth by the respondents- defendants was rejected by the trial Court.

2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

3. A perusal of material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against respondents- defendants for declaration permanent injunction and other reliefs in relation to the suit schedule immovable property. In the said suit, apart from disputing/denying the claim of plaintiff, the respondents- defendants also put forth a counterclaim in relation to the written statement/counterclaim schedule property.

4. In the first instance, by the judgment and decree dated 01.12.2018, the trial Court dismissed the suit as well as the counterclaim. Aggrieved by the same, two appeals