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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
K.G. Shankara BABU, S/o. Late Govindappa – Appellant
Versus
M. Chandra Shekar, S/o Late K. Munishamappa – Respondent
| Table of Content |
|---|
| 1. initial consideration of the case and parties involved. (Para 1 , 2) |
| 2. debate surrounding the plaintiff's application to withdraw the suit. (Para 3) |
ORDER :
M. NAGAPRASANNA, J.
Heard Sri.Shivaraju M.K., learned counsel appearing for the petitioner, Sri.Lakshmikanth K., learned counsel appearing for respondent Nos.1 and 2 and have perused the material on record.
2. The petitioner is the plaintiff, institutes a suit for partition, seeks dismissal of the suit as not pressed. The defendants then file an application seeking transposition as plaintiffs. The suit is for partition. In a suit for partition, the difference between the plaintiff and the defendant is illusory as everybody would get a share in the suit schedule property. Therefore, the application for transposition comes to be allowed. This is what is challenged before this Court.
3. This court in SHESHAMMA vs. RAMESH KUMAR AND ANOTHER , 2025 SCC OnLine Kar 14708, at paragraphs 9, 10, 13 to 17 has held as follows:
"9. Before embarking upon consideration of the subject issue on its merit, I deem it appropriate to notice the judgment of the division bench judgment in the case of SMT. GOWRAMMA (supra) upon which the c
In a partition suit, unilateral withdrawal by a plaintiff is not permitted if it adversely affects defendants' rights; defendants can assert claims by transposing themselves as plaintiffs.
In partition suits, transposition of defendants as plaintiffs must be considered based on substantial claims; the court erred in denying this request without proper assessment.
The main legal point established in the judgment is that transposition of a defendant as a plaintiff is permissible only if their interest is identical to that of the plaintiff and they have a substa....
A partition suit must include all necessary parties, and withdrawal with liberty to file a fresh suit is permissible, protecting the rights of all involved.
The plaintiff’s right to withdraw a suit prevails even with an earlier undertaking, particularly with a pending comprehensive suit for the same subject matter.
When transposition of defendants as plaintiffs may be permitted.-Where a suit is withdrawn or abandoned by a plaintiff under rule 1, Court shall, in considering such application, have due regard to q....
The legal representatives of a deceased counter claimant can be transposed as claimants in the counter claim, and the right to sue survives on the surviving family members.
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