High Court dismissed the civil revision petition challenging the Trial Court's order refusing to reject a suit for succession and partition on the premise that the partition was merely an issue for trial.
Revision petition filed under Section 115 of CPC dismissed.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA CIVIL REVISION PETITION NO. 41 OF 2024 (IO)
BETWEEN:
ALL ARE R/AT SKANDA , 8th CROSS, Ist LINK, BEHIND HOTEL SUNITHA SOMESHWARAPURAM, TUMKUR TOWN, TUMKUR DISTRICT 572 102.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
(REPRESENTED BY ITS GPA HOLDER, SMT. PRITHVI.T.D.)
(BY SMT. CHAMPOO KAVYA, ADVOCATE)
…PETITIONERS
AND:
…RESPONDENTS
(BY SRI. HARSHA DEEKSHITH., ADVOCATE FOR C/R-1 TO R-4)
THIS CRP IS FILED UNDER SECTION 115 OF CPC., AGAINST THE ORDER DATED 20.11.2023 PASSED ON IA IN OS NO.531/2021 ON THE FILE OF ADDITION SENIOR CIVIL JUDGE AND CJM, TUMAKURU., REJECTING THE IA FILED UNDER ORDER 7 RULE 11(a) AND (d) READ WITH SECTION 151 OF CPC., FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:11245 CRP No. 41 of 2024
ORDER
NC: 2024:KHC:11245 CRP No. 41 of 2024
therefore, it was clear that there was a partition in the year 1979 itself.
therefore dismissed .
Sd/- JUDGE
RK CT: SN List No.: 1 Sl No.: 31
2 issues framed by the court
Whether the Trial Court was justified in refusing to reject the plaint where the partition is an issue to be determined after trial.
Whether the reference to RTC in the plaint indicates an admitted partition warranting rejection under Section 115 of CPC.
2 provisions across 1 enactments
Smt Manjula T D
Smt. Prithvi T D
Smt. Pooja T D
Smt Kanakavalli D/O Late T P Krishnappa
Sri. Prashanth R S/O Late T K Leelavathi
Smt. Anuradha R D/O Late T AK Leelavathi
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
