Defendant sought rejection of plaint in a partition suit, arguing a Will by the propositus made the suit untenable. The court held that since the registered Gift Deed subsisted on the date of the Will and its execution was unadmitted, Sadhu Singh principles did not apply; the Trial Court's order was upheld.
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NC: 2024:KHC:34307 CRP No. 94 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CIVIL REVISION PETITION NO. 94 OF 2024
BETWEEN:
SRI GANESH NARAYANA NAYAK S/O LATE SRI. K. NARAYANA NAYAK, AGED ABOUT 51 YEARS, RESIDING AT OLD NO.1/6, NEW NO.201, "RAMPRASAD" 28TH CROSS, 7TH BLOCK, JAYANAGAR, YEDIYUR, BENGALURU - 560 082.
…PETITIONER
(BY SRI. H. N. NARENDRA DEV AND MISS.PARINA LALLA., ADVOCATES)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:34307 CRP No. 94 of 2024
…RESPONDENTS
(BY SRI. VENKATESH R. BHAGAT., ADVOCATE)
THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 19.12.2023 PASSED ON I.A.NO.4 IN OS.NO.6456/2022 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, REJECTING THE I.A NO.4 FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SEC.151 OF CPC FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the order passed by the Trial Court, rejecting the application filed by the petitioner/defendant under Order VII Rule 11(a) and (d) read with Section 151 of CPC.
NC: 2024:KHC:34307 CRP No. 94 of 2024
favor of the defendant, as not binding on the 1/5th share, and for a permanent injunction. The defendant appeared and filed an application under Order VII Rule 11(a) and (d) of CPC, contending that the propositus had executed a Will in favor of plaintiff Nos.2 to 4 and the defendant, and that, during the subsistence of the Will, the present suit for partition is not maintainable.
NC: 2024:KHC:34307 CRP No. 94 of 2024
property, and when he does, a succession under the Act stands excluded and the property passes to the testamentary heirs. Hence, if a Hindu male executes a Will bequeathing the properties, the legatee takes it subject to the terms of the Will, unless any stipulation therein is found invalid.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
AMA
2 issues framed by the court
Whether a partition suit is maintainable when the propositus allegedly executed both a Gift Deed and a subsequent Will.
Whether the plaint should be rejected at threshold under Order VII Rule 11(a) and (d) CPC.
Colour shows how this judgement treated each authority
Sadhu Singh vs. Gurdwara Sahib Narike And OthersDistinguished
(2006) 8 SCC 75 · Who else cites this
3 provisions across 1 enactments
Sri Ganesh Narayana Nayak
Smt. K. Malathi Nayak
Smt. K Radhika U. Avadhani
Smt. Chandrika Narayana Nayak
Sri Rajesh Kaup Nayak
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
