KHIRASA Vs. SHANTA

JUDGEMENT

(1.) The petitioners are defendants No.1 to 3 in O.S. No. 17/2020 on the file of the learned II Addl. Sr. Civil Judge & JMFC, Hubballi (for short 'the trial Court') and they are aggrieved by the impugned order dtd. 9/11/2021 passed in I.A. No. III. The petitioners shall be referred to as defendants and the respondents shall be referred to as plaintiffs for the sake of convenience.

(2.) I.A. No. III was filed by the defendants under Order VII Rule 11(a) and (d) read with Sec. 151 of CPC praying the trial Court to reject the plaint on the ground that the suit is barred by limitation by reason of Sec. 27 of the Limitation Act, 1963. The said application having been rejected, the defendants are before this Court.

(3.) Learned Senior Counsel Sri Shreevatsa, appearing for the defendants would submit that the plaintiffs are the full sisters of defendants No.2 and 3 and they filed the instant suit seeking partition and separate possession of the share of each of the plaintiffs in the suit property. The plaintiffs have also sought for a declaration that the registered relinquishment deed dtd. 29/12/2004 executed by the plaintiffs in favour of defendants No.1 to 3 is not binding on the share of the plaintiffs.