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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V SRISHANANDA
Sanjeeva Kumar Since Dead By Lrs – Appellant
Versus
Mamathashree P W/O Krishnamurthy – Respondent
ORDER :
V Srishananda, J.
Heard Sri Satisha D.J., learned counsel for the petitioners and Sri A. Madhusudhan Rao, learned counsel for the respondent No.1.
2. The Present Civil Revision Petition is filed by the legal representatives of defendant No.3 and defendant No.4 in O.S No.247/2019, challenging the dismissal of the application filed under Order VII Rule 11(a) of the Code of Civil Procedure.
3. The facts in the nutshell, which are utmost necessary for disposal of the present revision petition, are as under:
3(i) First respondent – plaintiff filed suit in O.S.No. 247/2019 for the following reliefs, in respect of following immovable properties (hereinafter referred to as “suit properties”):-
"WHEREFORE, the plaintiff above named prays most respectfully that this Hon'ble court may kindly be pleased to pass the judgment and decree against the defendants as follows:-
a) For Judgment and decree in favour of plaintiff, partitioning the suit schedule properties by metes and bounds by allotting the plaintiff legitimate 1/3rd share out of 1/4th share of 2nd defendant over the suit schedule properties.
b) To send the preliminary decree to the Tahasildar, Magadi Taluk, Magadi and to appoint as cou
A granddaughter is entitled to seek partition of ancestral property, even during her father's lifetime, establishing daughters as coparceners under Hindu law.
The amended Hindu Succession Act entitles daughters to seek partition regardless of prior registered partitions, affirming their rights to joint family properties.
The Court upheld the dismissal of a plaint rejection application in a partition suit, affirming that substantial rights need adjudication, indicating that dismissals cannot be made on preliminary eva....
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 tria....
The court reiterated that issues of title and right to convey property require full trial, rejecting premature dismissal under Order VII Rule 11 of CPC.
The court emphasized that a plaint must be read meaningfully to determine if it discloses a cause of action, particularly in partition suits regarding ancestral properties.
The court upheld the trial court's discretion to allow a suit for partition to proceed, emphasizing the need for full trial to address claims of misrepresentation and the nature of property documenta....
A partition suit can proceed if the plaint discloses a cause of action, and issues of limitation and court fees will be determined at trial.
A plaintiff asserting ownership based on historical rights and alleged partition must be permitted to pursue relief through trial when faced with disputed claims and questions of fact.
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