N LAKSHMAN Vs. LAKSHMI DEVI W/O PATALAPPA

JUDGEMENT

(1.) Sri.Pradeep Singh and H.S.V. Murthy, learned counsel for the petitioner.

(2.) Since, common questions of law and fact arise for determination in these bunch of petitions, they were heard analogously and are being decided by this common order. In these petitions, the petitioner who is defendant No.9 before the Trial Court has assailed the validity of the order date 25.07.2018, by which preliminary issue with regard to maintainability of the suits has been answered in the affirmative and the suits have been held to be maintainable. The background facts leading to filing of these bunch of petitions are as follows:

(3.) The petitioner thereafter filed the written statements. The Trial Court on the basis of the pleadings of the parties, by an order dated 13.03.2018, framed issues and issue No.8 was framed with regard to maintainability of the suit in view of non-compliance with Section 125 of the Act. The Trial Court by impugned order dated 25.07.2018, held the suit to be maintainable. In the aforesaid factual background, the petitioner has approached this Court.