properties are joint family properties and all the properties are mortgaged to the Bank and plaintiffs are entitled to partition etc.

In AIR 2006 Karnataka 21 (Krishna vs. Kedarnath and others), in para 7 and 8, it has been laid down as follows:-

"7. Whether all the suits schedule properties are joint family properties and all the properties are mortgaged to the Bank and plaintiffs are entitled to partition etc. after the first charge upon the same is cleared, are all the aspects required to be decided by the Civil Court as the plaintiffs rights are traceable to the provisions of S.9 of C.P.C., S. 34 of the Act is a bar for the Civil Court to entertain the suits in respect of the matters which are empowered to be determined by the Debts Recovery Tribunal or Appellate Tribunal. But adjudication or determination of rights or claims of the parties for partition of the properties which are in the nature of civil rights, cannot be stopped. Partition suits that would be instituted by a party claiming civil rights in respect of either ancestral joint family properties or co-ownership properties will have to be exclusively dealt with by the Civil Court. That is the view taken by the Madras High Court in the decision referred to above