Sisters sought partition of their late father's properties, claiming the defendants' gift deed was not binding on them. Defendants' application to reject the plaint on limitation grounds was rejected by the Trial Court. The High Court held a katha change is not the limitation starting point for partition and dismissed the revision.
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.
NC: 2024:KHC:8866 CRP No. 40 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA CIVIL REVISION PETITION NO. 40 OF 2024 (IO)
BETWEEN:
BOTH ARE R/AT 4TH WARD, BHAGATHSING NAGARA, CHIKKABALLAPURA TOWN CHIKKABALLAPURA DISTRICT-562101
…PETITIONERS
(BY SRI. RUPESH KUMAR S., ADVOCATE)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:8866 CRP No. 40 of 2024
CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-56101
…RESPONDENTS
(BY SRI. HALESHA.R.G., ADVOCATE)
THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 02.01.2024 PASSED ON I.A. NO.8 IN OS.NO.63/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA, DISMISSING THE I.A.NO.8 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT, ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:8866 CRP No. 40 of 2024
execute a gift deed in favour of his son, defendant No.2 and the same was not binding on them.
by the defendants seeking to reject the plaint. The said application has been rejected by the Trial Court and hence this Revision.
NC: 2024:KHC:8866 CRP No. 40 of 2024
entertain this Revision and the order of the Trial Court is
just and proper. Revision is, therefore, dismissed .
Sd/JUDGE
HNM List No.: 1 Sl No.: 33
1 issue framed by the court
Whether a suit for partition filed in 2022 is barred by limitation because plaintiffs knew of a 2006-07 mutation, justifying plaint rejection under Order VII Rule 11.
2 provisions across 1 enactments
R. Rajagopal
Raghavendra
Rathnamma
Varalakshmamma
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
