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2025 Supreme(Kar) 1098

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Anu Sivaraman, Rajesh Rai K.
Gowramma, W/O Sri Tyagarajareddy – Appellant
Versus
Susheelamma – Respondent


Advocates Appeared:
For the Appellant :Sri. Yeshu Baba R Mishra, Advocate
For the Respondent:Sri. Arjun P.K, Advocate

JUDGMENT :

RAJESH RAI K, J.

This Regular First Appeal is filed by the appellant-plaintiff challenging the order dated 29.11.2022 passed on I.A.No.II/2018 filed by defendant No.5 i.e., respondent No.5 under Order VII Rule 11 (a) & (d) of CPC in O.S.No.4609/2018 before the learned XXXIV Additional City Civil and Sessions Judge, Bengaluru ("the Trial Court", for short) whereby, the Trial court allowed I.A.No.II/2018 with costs and consequently, rejected the plaint for want of cause of action and as barred by limitation.

2. For the sake of convenience, the parties are referred to by their ranks before the Trial Court.

3. The abridged facts of the case are as under:

The plaintiff filed a suit for partition and separate possession of her 1/2 share in the agricultural land bearing survey No. 83/4 measuring 0.22 guntas situated at Dodakannelli Village, Varthur Hobli, Bengaluru South Taluk ("the suit schedule property", for short) and to declare the Sale Deeds executed with respect to suit schedule property as not binding on her and such other reliefs.

4. Further, it is the case of the plaintiff that her grandfather late Thimma Reddy @ Chikka Thimma Reddy was the absolute owner of the suit schedu

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