Revision against rejection of an application to reject a plaint. Plaintiffs, executants of a sale deed, sought declaration that it was void plus partition. Court held limitation not barred given the COVID exclusion period and no Order VII Rule 11 ground attracted; revision rejected.
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 15TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA CIVIL REVISION PETITION NO. 51 OF 2024 (IO)
BETWEEN:
W/O LATE VENKATASWAMY AGED 69 YEARS, R/AT #61, 3RD CROSS, NEAR MARAMMA TEMPLE, PANATHUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU - 560087.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
S/O LATE VENKATASWAMY REDDY AGED 58 YEARS, R/AT #55, SORUNISE VILLAGE NEAR MARAMMA TEMPLE, PANATHUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU - 560087.
…PETITIONERS
(BY SRI. N KUMAR., ADVOCATE)
AND:
MUTSANDRA MAIN ROAD, SRI RAMA LAYOUT, VARTHUR, VARTHUR HOBLI, BANGALORE EAST TALUK, BENGALURU – 560087.
…RESPONDENTS
(BY SRI. P B RAJU., ADVOCATE FOR R-1 & R-2; SRI.VASANTHA, ADVOCATE FOR R-3)
THIS CRP FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 16.12.2023 PASSED ON I.A.NO.5 IN OS.NO.77/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MALUR, REJECTING THE I.A.NO.5 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:
ORDER
NC: 2024:KHC:10710 CRP No. 51 of 2024
NC: 2024:KHC:10710 CRP No. 51 of 2024
7. The Trial Court shall make an endeavour to
dispose the suit as expeditiously as possible, provided
all the parties in the suit co-operate with it.
Sd/JUDGE
HNM
List No.: 1 Sl No.: 39
2 issues framed by the court
Whether the plaint seeking declaration of a sale deed null and void and partition was liable to be rejected under Order VII Rule 11 CPC.
Whether the suit for declaration was barred by limitation.
2 provisions across 1 enactments
Smt Jayamma
Vishwanatha Reddy
Sri Vikas S Reddy
Smt K Premalatha
The Special Land Acquisition Officer-1 KIADB
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
