The court reaffirmed that a plaint cannot be dismissed under Order VII Rule 11 based solely on the defendant's contentions; it must be based on the plaintiff's allegations and the merits of the case need to be heard at trial.

ORDER :

1. Heard Sri Srinivasa C, learned counsel for the revision petitioner, Sri G.A.Shreenivasa for Sri C.Lokesh, learned counsel for respondent Nos. 1 to 3, Sri Pavan G.N. for Sri G.Nagarajulu Naidu, learned counsel for respondent No.4.

2. Defendant No.3 is the revision petitioner challenging the validity of the dismissal of the application filed under Order VII Rule 11 of the Code of Civil Procedure by impugned order passed in O.S No.8320/2018 on the file of XII Additional City Civil Judge, Bengaluru.

3. Facts in the nutshell which are utmost necessary for disposal of the present Civil Revision Petition are as under: A suit in O.S No.8320/2018 came to be filed seeking the following relief in respect of the following movable and immovable properties.

“WHEREFORE, the Plaintiff prays that this Hon'ble Court be pleased to pass judgment and Decree for;

(a) Partition of 1/3rd Share in the Suit Schedule A Property Item No.1 and 2 by meets and bounds and 1/3rd Share in the Suit Schedule B property Item No. 1 and 2.

(b) Partition of I/18th share to the Plaintiff in the Suit Schedule A Property Item No. 3 by meets and bounds.

(c) Declare that the Sale Deed: dated 11/03/2015, Registered as Document No. TMK-1-22369-2014-15 IN CD NO. TMKD598 is not binding on the plaintiff share.

(d) Declare that the Sale Deed dated 22/07/1994 bearing Registration No: 2432, Book I, Volume 3312, pages 211 to 224 and Sale Deed dated 22/07/1994 bearing Registration No. 2434, Book I, Volume 3318, pages 184 to 194 is not binding on the plaintiff share.

(e) Mesne Profits of 1/3rd Share in the Suit Schedule A Property Item No. 1 and 2 and 1/18th share to the Plaintiff in the Suit Schedule A Property Item No. 3.

(f) Separate possession of the share.

(g) Cost of the Proceedings.

(h) Pass such other relief/reliefs as this Hon'ble Court deems fit in the circumstance of the case, in the interest of justice and equity.

DESCRIPTION OF SUIT PROPERTEIS:

Schedule A Property

Immovable Property

1) All that piece and parcel of No.146, New No.3505, B-41 measuring 40 X 60 situated at 4^th T Block, 13^th Main, 35^th Cross, Jayanagara, Bengaluru, bearing PID No. 58-3-3, 13^th ‘A’ Main, 4^th ‘T’ Block, Jayanagara, Bengaluru having residential Property of 3 (Three) Floors and bounded:

North: Site No: 135, Property of D. Bhoopal

South: Site No. 147, Property of D.H. Ram Rao

East: Property of M.B. Venkataramaiah

West: 13^th main road.

2. All that piece and parcel of immovable property bearing Katha No. 981/1122/D, re-number 1122/D/888, PID 2183,measuring North to South 35 feet and East to West 46 feet situated at S.S. Puram Layout Ward No.22, with in the Tumakuru Corporation limits, Tumakuru.

North: Property of D.B. Jayadeva

South: Property of Susheelamma and S.P. Rajashekar

East: Conservancy

West: Property of S.R. Umesh Chandran and common passage.

3. All that piece and parcel of immovable property bearing:

(a) bearing ML Katha No.2239/2958, 984/A, re-number Katha No. 1125/A/896, measuring 28 X 78 with PID No. 2279.

(b) bearing ML Katha No.9548, re-number Katha No.4629/912, measuring 135 X 78 with PID No. 2279 both (a) and (b) measures 163 × 78 = 12,714 sq.ft situated at Dr. Radhakrishnan Road, Someshwara Layout, Ward No. 22, with in the Tumakur Corporation limits, Tumakur and bounded on.

North: Aruna Hospital Property

South: Property of Sri. Mahesh

East: Conservancy

West: Dr. Radha Krishna Road, S.S. Puram

Schedule B Property

Movables

Item No. 1: Rs.50,000/- in the name Parvathamma by making her as Nominee at Vijayanagara Post office Bengaluru.

Item No. 2: Gold Items

(1) Dabu-100 gm., (2) Watch Chain-15 gm, (3) Karimani 2 in numbers 30 gm each, (4) Bangle 3 fair each 30 gm,