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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
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 of item No.20 of the suit schedule properties. The Trial Court allowed the said application by coming to the conclusion that the northern portion of item No.20 of the suit schedule properties is a self- acquired property without a complete trial on all issues as the case of the plaintiff is that all the propert
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.
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.
The distinction between joint family property and self-acquired property is critical in partition suits, and registered sale deeds can effectively rebut claims based on revenue record entries.
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