This

appeal

by

the

unsuccessful

plaintiff

in

O.S.No.6922/2000 is directed against the impugned Order

dated 31.03.2015 on the file of the XLIII Additional City Civil

and Sessions Judge, Bengaluru (for short “the trial Court”),

whereby the said suit for partition and separate possession of

the suit schedule immovable property filed by the appellant-

plaintiff against the respondents-defendants was dismissed by

the trial Court pursuant to the impugned order dated

30.03.2015, whereby the application I.A.No.12 filed by

respondent Nos.7 and 8 – defendant Nos.7 and 8 under Order

7 Rule 11 (a) and (d) CPC r/w. Section 4 of the Benami

Transactions (Prohibition) Act, 1988 (for short “the said Act of

1988) was allowed by the trial Court, which in turn rejected the

plaint.

2.

Heard learned counsel for the appellant, learned

counsel for respondent No.7 and perused the material on

record.

4

3.

A perusal of the material on record indicates that

the appellant-plaintiff instituted the aforesaid suit for partition

and separate possession of his alleged share in the suit

schedule immovable property. In the plaint, it is specifically

contended that the plaintiff and defendant No.2 were the sons

of defe