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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Laxman S/o Channappa Hadanur – Appellant
Versus
Shrishail S/o Siddappa Bhagayt – Respondent
| Table of Content |
|---|
| 1. suit filed for pre-emption based on assignment deed. (Para 1 , 3 , 4) |
| 2. arguments regarding absence of cause of action for pre-emption. (Para 6 , 7 , 8) |
| 3. court's reasoning supporting plaintiff's suit for pre-emption. (Para 9 , 10 , 11 , 12) |
| 4. revision petition dismissed. (Para 13) |
ORDER :
1. This Revision Petition is filed challenging the order dated 19.07.2022 passed in O.S No.26/2016 by the I Additional Senior Civil Judge and CJM, Vijayapura wherein the application filed by the petitioner –defendant No.4 under Order VII Rule 11 of CPC came to be rejected.
2. Heard learned Senior Counsel for the petitioner and learned counsels for respondent Nos.1 and 6.
3. Respondent No.1 –plaintiff has filed a suit in O.S.No.26/2016 against petitioner and respondent Nos.2 to 8. The said suit is filed seeking declaration that the plaintiff –respondent No,1 herein is entitled to retain the shares of defendant Nos.1 to 3 by virtue of pre –emptive right. The prayer made in the plaint reads thus;
“a) Declare that the plaintiff is entitled to retain the shares of the defendants No 1 to 3 along with plaitniff's own share in suit Scheduled 'A' properties and issue consequential relief of
The court reaffirmed that a pre-emption right can be enforced despite prior partition if a valid cause of action exists at the time of the assignment deed's registration.
The right of pre-emption under Section 4 of the Partition Act is valid throughout the pendency of partition proceedings, irrespective of limitations set by Article 97 of the Limitation Act.
Right to Pre-emption – Application for pre-emption under Section 4 of Partition Act can be made at any stage of partition suit so long entire partition decree is not satisfied – It is only when decre....
(1) Right of pre-emption is a very weak right and could be defeated by all legitimate methods.(2) Pleadings – Omission of a single material fact would lead to incomplete cause of action and in that c....
The right of pre-emption under the Partition Act can be invoked at any stage of a pending partition suit, irrespective of the limitation period under the Limitation Act.
The right of pre-emption under the Hindu Succession Act is contingent upon the property being that of a Hindu male who dies intestate, which was not applicable in this case.
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