This captioned appeal is filed by the defendant No.4

questioning the judgment and decree dated 26.09.2018

passed on I.A.No.19 filed by defendant No.2 under Order VII

Rule 11(d) of the Code of Civil Procedure, 1908 in O.S.No.146

of 2013 on the file of Court of Senior Civil Judge and JMFC,

Gowribidanuru, Chickaballapura District, rejecting the plaint

filed by the plaintiff.

2. For the sake of convenience, the parties are referred

as per their rank before the Trial Court.

3. The brief facts leading to the case are as under:

The plaintiff has instituted a suit in O.S.No.146/2013

seeking relief of partition and separate possession. The

defendant

No.4

claimed

that

he

has

contested

the

proceedings by filing a written statement. The Trial Court,

based on rival contentions has formulated issues after

completion of plaintiff9s evidence. The second defendant filed

an application in I.A.No.19 under Order 7 Rule 11(d) r/w

4

Section 151 of CPC by contending that Item Nos.6 to 8 of the

suit schedule property are subject matter of proceedings

pending before the Debt Recovery Tribunal (for short, 8DRT9),

Bengaluru and therefore, sought for rejection of the plaint.

The learned Judge, having he