ORDER

This petition is directed against the impugned Order dated 30.01.2024 passed in O.S.No.25898/2022 by the XXVIII Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru.

2. Heard Sri Suresh S.Lokre, learned Senior Counsel for the petitioners.

3. For the Order proposed, notice to respondents is dispensed with.

4. A perusal of the material on record will indicate that respondent No.1/plaintiff instituted the aforesaid suit against the petitioners/defendants and other defendants for partition and separate possession in relation to suit schedule immovable properties. In the said suit, apart from disputing various claims of the plaintiff, petitioners/defendants also put forth a counter claim for mandatory injunction directing removal of respondent No.1/plaintiff along with movable articles from suit ‘A’ schedule property.

5. The petitioners/defendants filed an application I.A.No. 2/2023 for rejection of plaint under Order VII Rule 11(a) and (d) of the Code of Civil Procedure. The said application having been rejected by the Trial Court vide Order dated 27.07.2023, petitioners preferred CRP No.567/2023 which was allowed by this Court on 19.12.2023, as a consequence of which,