Dismissed¶54

Sri. Mallesh Reddy v. Smt. Yasodha. H. P.

Karnataka HC18 Nov 2025CRP/516/2023

Case brief

AI extract

What is this about?

Limitation as a mixed question of law and fact; rejection of plaint under Order VII Rule 11(a) and (d) CPC refused at threshold; specific performance suit on agreement to sell dated 20.03.2020 filed in 2022; defence that time is essence of contract; Section 115 CPC revision against order of Ist Additional Senior Civil Judge and JMFC, Ramanagara; dismissed by Karnataka High Court.

What did the court decide?

No relief to the revision petitioner; liberty reserved to urge all favourable points in the trial. ¶54

Sri. Mallesh Reddy Vs Smt. Yasodha. H. P. — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:47885 CRP No. 516 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 516 OF 2023

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BETWEEN:

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SRI. MALLESH REDDY S/O. LATE MUNI REDDY, AGED ABOUT 59 YEARS, RESIDING AT NO.51, KANCHUGARANAHALLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159.

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…PETITIONER

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(BY SRI. NAIK N.R., ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SMT. YASODHA H.P. W/O. LATE MAHADEVAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.18, 22^ND MAIN, 11^TH CROSS, HANUMAGIRI NAGARA, CHIKKALLASANDRA MAIN ROAD, PADMANABHANAGAR, BENGALURU - 560 070.

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…RESPONDENT

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(BY SRI. SHARATH S. GOGI, ADVOCATE)

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THIS CRP IS FIELD UNDER SECTION 115 OF CPC., AGAINST THE ORDER DATED 26.07.2023 PASSED ON IA IN OS

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NC: 2025:KHC:47885 CRP No. 516 of 2023

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HC-KAR

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NO.418/2022 ON THE FILE OF IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RAMANAGARA., REJECTING THE IA FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard Sri. N.R. Naik, learned counsel for the

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petitioner. None appears for the respondent.

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Defendant in O.S. No.418/2022 is the revision petitioner challenging the dismissal of the application filed under Order VII Rule 11 of the Code of Civil Procedure on the ground that the suit is barred by limitation.

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Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

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3.1 Suit for specific performance of the agreement to sell dated 20.03.2020 was filed before the Trial Court.

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NC: 2025:KHC:47885 CRP No. 516 of 2023

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HC-KAR

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3.2 Defendant entered the appearance and filed a

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statement contending that time is the essence of the contract under the agreement to sell and suit filed in the year 2022 is thus not maintainable.

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3.3 Defendant also filed an application under Order VII Rule 11 of the Code of Civil Procedure to reject the plaint.

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3.4 Taking note of the objections filed by the plaintiff, learned Trial Judge considered the case on merits of the matter with regard to the contentions heard on behalf of defendant and has dismissed the application.

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Being aggrieved by the same, defendant is before this Court in this revision petition.

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Sri. N.R. Naik, learned counsel for the revision petitioner reiterating the grounds urged in the revision petition vehemently contented that learned Trial Judge failed to consider the relevant aspects of the matter

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4 - NC: 2025:KHC:47885 CRP No. 516 of 2023

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HC-KAR

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especially defence raised by the defendant and wrongly dismissed the application resulting in miscarriage of justice

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and sought for allowing the revision of petition.

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Counsel for respondent absent.

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In the light of the argument put-forth on behalf

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of the petitioner, this Court perused the material on record meticulously.

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On such perusal of the material law on record, question of limitation in the case on hand is a mixed question of law and facts which need to be adjudicated by the Trial Court and arrive at a finding after the full fledged trial.

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