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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Vijaykumar A.Patil
Ananda, S/O Ramachandra – Appellant
Versus
C.H. Honnegowda, S/O Honnegowda – Respondent
| Table of Content |
|---|
| 1. challenge to orders issued in a civil suit. (Para 1 , 2) |
| 2. arguments regarding striking out of pleadings. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis on need for full trial. (Para 8 , 12) |
| 4. requirements for striking out pleadings in law. (Para 10 , 11) |
| 5. final decision on writ petitions. (Para 13) |
ORDER :
Vijaykumar A. Patil, J.
W.P.No.30403/2018 is filed challenging the order dated 27.02.2018 passed on I.A.No.7 filed by the respondent No.1- plaintiff under Order I Rule 10 of the Code of Civil Procedure, 1908 , in O.S.No.91/2012 and W.P.No.39514/2018 is filed challenging the order dated 08.08.2018 passed on I.A.No.9 filed by the respondent Nos.1 and 2-defendant Nos.11 and 12 under Order VI Rule 16 read with Section 151 of the CPC, in O.S.No.91/2012 on the file of the Additional Civil Judge and JMFC at Arasikere.
2. Both the writ petitions arise out of the same suit between the same parties. With their consent, they are heard together and common order is passed.
3. Heard.
4. Smt.Sona Vakkund, learned counsel for the petitioner in W.P.No.39514/2018 submits that the defendant Nos.11 and 12 filed an application to strike out a pleading pertaining to the northern half portion
A full trial is necessary to determine the nature of property in partition disputes; striking out pleadings requires strict adherence to CPC provisions ensuring fairness.
The court ruled that striking out pleadings requires compelling justification, and mere defenses from the opposite party do not justify such action.
Presumption of property acquisition with joint family funds and the impact of a preliminary decree for partition on the joint family status.
The burden of proof lies with the plaintiffs to establish that properties claimed in a partition suit are joint family properties; mere assertions without evidence are insufficient.
The burden of proof to establish joint family property lies with the plaintiffs, which remains unchanged even when defendants do not contest the suit.
Conclusive evidence supporting claims of self-acquired property is required; mere assertions without documentation do not suffice to prove ownership against established joint family property.
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