MOHAN M.SHANTANAGOUDAR, J. - (1.) Leave granted.
(2.) The order dated 09.04.2010 passed in Writ Petition No. 2266 of 2009 (GM-CPC) by the High Court of Karnataka is called in question in this appeal.
(3.) The appellant herein was Plaintiff No. 1 in the suit being O.S No. 2611/1993 filed seeking partition and separate possession of joint family properties. Plaintiff Nos. 1 to 5, including the appellant herein, filed the said suit seeking partition and separate possession of joint family properties to the extent of 1/6th share to Plaintiff Nos. 1 to 3, 1/6th share to Plaintiff No. 4 and 1/6th share to Plaintiff No. 5. Initially, only three defendants were made parties to the suit. Immediately upon the appearance of Defendant Nos. 1 to 3, a compromise petition was filed on behalf of Plaintiff Nos. 1 to 5 and Defendant Nos. 1 to 3, contending that the plaintiffs and defendants had divided the joint family and ancestral properties as per the memorandum of partition dated 18.05.1972 under the Panchayat Parikath. The compromise petition came to be filed in the Trial Court on 22.04.1993. The Defendant Nos. 4 to 6, who also belong to the same family as the persons mentioned above, having come to know about the filing of the compromise petition in the suit for partition, and also having come to know that they were not parties to the suit, filed an application for impleadment and opposed the compromise petition, contending specifically that the joint family properties had not been divided at any point of time and that the family, as well as its properties, continued to be joint. However, the Trial Court vide order dated 04.06.1994 dismissed the suit as having been compromised. The said order of the Trial Court was questioned by Defendant No. 6 before the High Court by filing RFA No. 297/1994 and after hearing, the High Court set aside the order dated 04.06.1994. Consequently, the suit being O.S. No. 2611/1993 was restored on the file of the Trial Court. The High Court directed the Trial Court to dispose of the suit on merits. After remand, the original Defendant No. 6 was transposed as Plaintiff No. 6 in the suit. The present Respondent No. 1 is the transposed Plaintiff No. 6 in the suit. (Respondent No. 1 expired during the pendency of the appeal herein and her legal heirs have been brought on record).;