The captioned writ petition is filed by the defendant No.1

assailing the order of the learned Judge on an application filed

under Section 65 of the Indian Evidence Act read with Section

151 of CPC.

2.

The respondents/plaintiffs have instituted a suit for

partition and separate possession in O.S.No.83/2013. The

respondents/plaintiffs have specifically pleaded that the suit

schedule properties are joint family ancestral properties. The

plaintiffs claim that they are entitled for 1/7^th share in the suit

schedule properties and therefore, has requested the Court to

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effect partition by metes and bounds thereby allotting 1/7^th

share to the plaintiffs in respect of suit schedule properties.

3.

The present petitioner who is arrayed as defendant

No.1, on receipt of summons, tendered appearance and

contested the suit by filing written statement. The present

petitioner at para 24 of the written statement has set up a

plea of prior partition. The petitioner specifically claimed that

there is a partition in the family and in terms of palupatti

dated 22.10.1985, there is severance in the family and

plaintiffs and defendants are in exclusive possession of their

respective shares. It is