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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
P. Bhoopal, S/o. Late Munipoovanna – Appellant
Versus
P. Govindappa, S/o. Late Munipoovanna – Respondent
| Table of Content |
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| 1. the appellant is challenging the rejection of his plaint for partition. (Para 1 , 2 , 3 , 4) |
| 2. the trial court's reliance on previous litigation is contested. (Para 5 , 6 , 7) |
| 3. the court emphasizes the necessity of a full trial. (Para 8) |
| 4. the appeal is allowed, and the previous order is set aside. (Para 9) |
JUDGMENT :
This appeal is filed by the plaintiff in O.S. No.6484/2012, challenging the order dated 20.06.2023 on the file of the XXIV Additional City Civil and Sessions Judge, Bengaluru (for short, 'Trial Court'), wherein the application filed by defendants 1 and 2 under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint came to be allowed culminated in dismissal of the suit.
3. The said application having been opposed by the appellant/plaintiff, the Trial Court came to the conclusion that, in the light of the earlier round of litigation between the appellant and respondents 1 and 2 on one hand and the remaining relatives of Munipoovanna on the other hand having attained finality in O.S. No.4430/1987 and confirmed in R.F.A. No.268/2003 dated 30.06.2006 and S.L.P. No.17889/2006 dated 13.11.2006, the present suit is not maintainable since nei
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