- (1.) Leave granted.
(2.) Application of Order VII, Rule 11(d) of the Code of Civil Procedure (for short "the Code") in the facts and circumstances of this case, is involved in this appeal which arises out of a judgment and order dated 13.02.2007 passed by a Division Bench of the High Court of Karnataka at Bangalore.
(3.) The relationship between the parties is not in dispute, as would appear from the genealogical tree: Allegedly, the eldest son of Kabadi Gopalsa went out of the joint family by executing a registered Deed of Release upon taking his share in the ancestral property on or about 10.03.1918.;