- (1.)Heard Mr. K. Gurudhatta, learned counsel appearing on behalf of Mr. Balaraj A.C., for the petitioners.
(2.)Petitioners have assailed the validity of the order dated 28/04/2018, by which an application filed by the petitioners under Order VII Rule 11(a) and (d) of the Civil Procedure Code, 1908 (CPC) has been rejected.
(3.)Facts giving rise to filing of this petition briefly stated that the respondents herein filed the suit in O.S.No.84/2017 seeking the relief of partition and separate possession against the petitioners herein. The petitioners entered appearance and filed a detailed written statement which inter alia stated that the suit is not maintainable as the suit properties are self-acquired properties of petitioner No.1 and hence, the suit seeking the relief of partition and separate possession is liable to be dismissed. Thereafter, the petitioners filed an application under Order VII Rule 11(a) and (d) of the Civil Procedure Code, 1908, (herein after referred as 'Code' for short) seeking rejection of plaint on the ground that the suit properties are self-acquired properties and that the suit is not maintainable. The trial Court has rejected the aforesaid application inter alia on the ground that the question whether the suit properties are the self-acquired properties or they belong to the joint family is the question which can be decided only after the full fledged trial in the suit. In the aforesaid factual background, this writ petition is filed.