Shri. Malatesh S/O. Adiveppa Karjjari Alias Vaddar v. Shri. Hanumantappa S/O Hanumappa Kerudi
Case brief
What is this about?
Karnataka High Court, Dharwad Bench; CRP No. 100048 of 2022 (GM-CPC); Justice E.S.Indiresh; decided 28.01.2025; Section 115 CPC revision; Order VII Rule 11(a), (d) read with Section 151 CPC; rejection of plaint; limitation bar; no cause of action; partition and separate possession suit; O.S.No.522/2019, Principal Civil Judge & JMFC, Haveri; collusion allegation in plaint paras 5, 6 and 11; sale deed dated 23.02.1953; Raghavendra Sharan Singh v. Ram Prasanna Singh (Dead) by Legal Representatives, (2020) 16 SCC 601 distinguished; revision petition dismissed, suit to proceed to trial.
What did the court decide?
In a suit for partition and separate possession, the rights of the parties would be crystallized only after enquiry; on the plaint averments (particularly paragraphs 5, 6 and 11 alleging the land was sold in collusion with the defendants), rejection of the plaint at this stage is premature and the parties have to adduce evidence to prove title; hence no interference is called for in the revision petition at this stage.