ORAL ORDER

The petitioners are the defendants in a suit in O.S.No.5249/2021 and they are aggrieved of the impugned order dated 09.11.2022 at Annexure-A, whereby their application under Order VII Rule 11(a) of the Civil Procedure Code, is rejected by the trial court.

The respondents are plaintiffs No.1 and 2.

2. For the sake of convenience, the parties shall be referred to in terms of their ranking before the trial court.

3. All the parties to the suit trace their lineage to Sri.Narasimhaiah. Sri.Narasimhaiah had four sons and one daughter. It is stated in the plaint that in the year 1986, a partition deed was executed between the family members on 29.12.1986. One share fell to Sri.N.Narayana Prasad, the last of the sons of Sri.Narasimhaiah. Sri.N.Narayana Prasad died on 13.07.2017 while his wife Smt.Saroja had pre-deceased Sri.N.Narayana Prasad in the year 1997. It is also admitted fact that Sri.N.Narayana Prasad and Smt.Saroja had no children. After the death of Sri.Narayana Prasad, the property left behind by Sri.N.Narayana Prasad is the subject matter of the dispute in the suit. The suit is filed by the children of Smt.Vijayalakshmi, the only daughter of Sri.Narasimhaiah. However, i