The court ruled that a plaint cannot be dismissed for lack of a cause of action if it provides sufficient information for adjudication, leaving the question of limitation to be determined during trial.

ORDER :

V SRISHANANDA, J.

1. Heard Sri. Raghu Prasad B.S., learned counsel for the petitioner and Sri. Beeresha H., learned counsel for the respondents.

2. By consent of both the parties, the matter is taken up for final disposal.

3. Defendants No.8 to 10 are the revision petitioners challenging the Order of dismissal passed on the application filed by them under Order VII Rule 11 (a & d) of the Code of Civil Procedure.

4. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:

5.1 A suit came to be filed in O.S.No.178/2022 is filed with the following prayer in respect of the following property (hereinafter referred to as 'suit property' for short):

PRAYER

WHEREFORE, the plaintiff pray that this Hon'ble court may be pleased to pass judgement and decree in favour of the Plaintiff as follows:-

a) To effect partition of the suit schedule property by metes and bounds and put the Plaintiff in possession of her legitimate 1/5th share in the Suit Schedule Properties by metes and bounds;

b) Sale deed dated 4-11-1987, registered as Document No.6433/1987-88, Book-1, Volume 2696, Pages 9 to 18, in the office of the Sub-Registrar, Bangalore executed by Channigaiah, defendant No.4 and 6 herein in favour of defendant No.7 is not binding on the share of the plaintiff;

c) Sale Deed dated 16-2-2020 registered as Document No.10499/1999-2000 in the office of the Registrar, Kengeri, executed by defendant No.7 in favour of defendant No.8 is not binding on the share of the plaintiff;

d) Sale Deed dated 30-11-2000 registered as Document No.ΚΕΝ-1-10499/1999-2000, in the office of the Sub-Registrar, Kengeri, Bangalore executed by defendant No.8 in favour of defendant No.9,10 and 11 is not binding on the share of the plaintiff;

e) Sale Deed dated 8-10-2004, registered as Document No.KEN-1-26535/2004-05, Book-1, Stored in CD No. KEND154, in the office of the sub- Registrar, Kengeri registered on 15-10-2004 executed by defendant No.7 in favour of defendant No.8,9 and 10 is not binding on the share of the plaintiff;

f) Sale Deed dated 7-5-1993, registered as Document No.1389/1993-94, in the office of the Sub-Registrar, kengeri, executed by late Gangaiah in favour of late Kempachennaiah (father of the defendant No.12 and 13) is not binding on the share of the plaintiff;

g) Sale Deed dated 11-10-2004, registered as Document No.ΚΕΝ-1-26144/2004-05, Book-1, Stored in CD No. KEND153, in the office of the Sub- Registrar, Kengeri executed by Kempachennaiah and his children late Jagananath, detendant no.12 and 13 and defendant No.6 in favour of late Ameer Jan (husband of defendant No.14) is not binding on the share of the plaintiff;

h) Sale Deed dated 3-4-2017, registered as Document No.KEN-1-00047/2017-18, Book-1, Stored in CD No. KEND670, in the office of the Sub-Registra, Kengeri executed by defendant no.13 to 21 in favour of defendant No.22 is not binding on the share of the plaintiff

i) To grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the above case, including cost of the suit, in the interest of justice and equity.

SCHEDULE

1. All that piece and parcel of the land bearing Sy. No.4/1A, measuring 1 Acre 26 guntas situated at Kethohalli Narasapura village, Thavarekere Hobli, Bangalore South Taluk and bounded on

2. All that piece and parcel of the land bearing Sy. No.4/1c, measuring 0-10 guntas situated at Kethohalli Narasapura village, Thavarekere Hobli, Bangalore South Taluk and bounded o