Karnataka HC dismissed writ petition under Article 227 challenging rejection of plaint in partition suit. Court held issues regarding daughter's share post-1994 amendment and validity of sale deed require trial, not summary interference.
Writ petition disposed off; petitioner requested to try and dispose off suit within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.387 OF 2021 (GM-CPC)
BETWEEN
B.M. PATTABHIRAMAIAH S/O MUNISHAMAPPA, AGED ABOUT 61 YEARS, BUDIKOTE VILALGE AND POST AND HOBLI, BANGARAPET TALUK, KOLAR DISTRICT 563114.
… PETITIONER
(BY SRI DAYALU K N, ADVOCATE)
AND
1 . SMT. AMARAVATHI W/O G MUNIRATHNAM, AGED ABOUT 47 YEARS, CHINNARI DODDI VILLAGE, RALLABUDAGUR POST, SHANTHIPURAM MANDAL, KUPPAM TALUK 517423, CHITTOOR DISTRICT, A.P.
2 . SRI. N. GOPAL S/O LATE NARAYANAPPA, AGED ABOUT 55 YEARS, BUDIKOTE VILLAGE AND POST, BANGARPET TALUK 563114.
3 . SMT. PADMAMMA W/O LATE FINANCE KITTAPPA, AGED ABOUT 50 YEARS, RAMAKUPPAM VILALGE AND POST, SHANTHIPURAM MANDAL, KUPPAM TALUK 517423, CHITTOOR DISTRICT, ANDRA PRADESH.
… RESPONDENTS
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS O.S.NO.233/2015 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE JUNIOR DIVISION AND JMFC BANGARPETE AND SET ASIDE THE ORDER PASSED ON IA NO.5 DTD.7.9.2020 IN O.S.NO.233/2015 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE JUNIOR DIVISION AND JMFC BANGARPETE BY REJECTING THE PLAINT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner being the third defendant in a declaration & partition suit in O.S.No.233/2015 is knocking at the doors of writ court for assailing the order dated 7.9.2020, a copy whereof is at Annexure-E whereby the learned Principal Civil Judge, Bangarpet, having rejected his application filed in I.A.No.5 u/o VII Rule 11(a) & (d) r/w Section 151 of CPC, 1908, has refused to reject the plaint.
petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the Karnataka Amendment to Section 6 of Hindu Succession Act, 1956 was effective way back from the year 1994, and thus,
the interest of the daughters of the family was recognized in the joint family property.
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for the petitioner-defendant that he had bought the subject property on 26.9.2005 and therefore, the 1st respondent could not have maintained the suit of the kind, is difficult to countenance; this apart, whether the plaintiff needs to be non-suited on the ground stated in the subject application, is a matter of discretionary order as has been consistently held by courts; such discretionary orders do not merit a deeper examination since certain grounds that are urged in the writ petition cannot be adjudged sans trial; the sale deed being registered sale deed and the entries in the record of rights being mutated on that basis notwithstanding, there is a triable suit as rightly held by the learned Judge of the court below.
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In the above circumstances, this Writ Petition being devoid of merits, is disposed off requesting the learned trial Judge to try & dispose off the suit within an outer limit of one year and report compliance to the Registrar General of this Court, all contentions of the parties are kept open.
Sd/JUDGE
cbc
3 issues framed by the court
Whether Writ Court is competent to examine the validity of rejection of plaint regarding daughter's share arising from Amendment to Section 6 of Hindu Succession Act, 1956
Whether rejection of plaint under VII Rule 11(a) & (d) r/w Section 151 of CPC regarding purchased property needs deeper examination before trial
Whether contentions regarding sale deed and mutation entries can be adjudged before trial in partition suit
4 provisions across 3 enactments
B.M. Pattabhiramaiah
Smt. Amaravathi
Sri. N. Gopal
Smt. Padmamma
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
