null and void and not binding on the plaintiffs, and that the sale deed dated 11.08.2010 is not binding on the plaintiffs. In the said suit, the petitioner herein, who is arrayed as defendant No.2, has filed an application under Order VII Rule 11(a) to (d) of the CPC. It is the case of defendant No.2 that plaintiff No.1 is the second wife of one Muniyappa alias Gulappa, and plaintiff Nos.2 and 3 are their children. Defendant Nos.1 to 3 are the children of the late Muniyappa alias Gulappa through his first wife, Nanjamma, who has expired. Defendant No.4 is the wife of defendant No.1. Muniyappa alias Gulappa died intestate, leaving the plaintiffs and defendants as their legal heirs. It is the case that the scheduled properties are joint family properties, and they were in joint possession. In July 2011, the plaintiffs requested the defendants to effect a partition, which the defendants denied, and therefore the plaintiffs claimed their one sixth share in the scheduled property. The defendants have filed their written statement, denying the plaint averments and stating that the properties are the self-acquired properties of late Muniyappa alias Gulappa.
