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2023 Supreme(Kar) 290

H. P. SANDESH
B. V. Pramila W/O. Late K. Ashwathama – Appellant
Versus
Nirmala D/O. Late K. Ashwathama – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Sharath S. Gowda, Advocate
For the Respondent:Sri S.Vivek, Advocate

JUDGMENT :

This matter is listed for admission. I have heard the learned counsel for the petitioners and learned counsel for the respondent Nos.1 and 2.

2. This revision petition is filed challenging the order dated 04.07.2019 passed on I.A.No.2 in O.S.No.4909/2018 on the file of the II Additional City Civil Judge, Bengaluru, dismissing I.A.No.2 filed under Order 7, Rule 11 read with Section 151 of C.P.C. rejecting the suit.

3. The plaintiff has filed the suit for the relief of partition before the Trial Court to grant judgment and decree for partition and separate possession of the plaintiff 1/3rd share each in all the properties i.e., item Nos.1 to 3 and also sought for mesne profits under Order 20, Rule 18 and further sought to declare that gift deed dated 28.02.2002 is not binding on the plaintiff.

4. The defendant Nos.1 and 2 filed an application under Order 7, Rule 11 read with Section 151 of C.P.C. contending that the plaintiff has suppressed the material facts and she has absolutely no right, title and interest over the suit schedule properties and she prayed for decree of partition and separate possession and declare that gift deed dated 28.02.2002 is not binding on her. It is

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