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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V SRISHANANDA
A Ramegowda S/O. Late Anjanappa – Appellant
Versus
Sakamma @ Sujathamma W/O. A.M. Rajashekaragowda – Respondent
ORDER :
V Srishananda, J.
1. Heard Sri. Shivakumar N., learned counsel for the petitioner. This Court did not deem it fit to issue notice to the respondent.
2. Defendants No.1 and2 in OS No.344/2023 is the revision petitioners challenging the dismissal of the application filed under Order VII Rule 11 of he Code of Civil Procedure.
3. Facts in the nutshell which are utmost necessary for disposal of the present petitioner as under:
3.1 First respondent filed suit in OS No.344/2023 with the following prayer in the respect of the following immovable properties (hereinafter referred to as the suit properties).
PRAYER:
WHEREFORE, the Plaintiff respectfully pray that this Hon'ble Court be pleased to pass a judgement and decree-
(a) To declare that the plaintiff is entitled for partition and to allot her 1/7th share each in the suit schedule properties;
(b) For mense profits.
(c) Pass appropriate order as this Hon'ble Court deems fit to pass under the facts and circumstances of the case including award of cost of this suit, in the interest of justice and equity.
SCHEDULE PROPERTY
Item No.1:
All that piece and parcel of agricultural property bearing Sy. No.75/1, measuring to an extent of 4 acre 6 guntas
The amended Hindu Succession Act entitles daughters to seek partition regardless of prior registered partitions, affirming their rights to joint family properties.
A granddaughter is entitled to seek partition of ancestral property, even during her father's lifetime, establishing daughters as coparceners under Hindu law.
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....
Prior oral partitions must be supported by evidence during trial; dismissing the application without trial is justified when material facts aren't suppressed.
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 affirmed that a second suit for partition is maintainable despite prior dismissal, recognizing differing rights under the Hindu Succession Act.
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 ....
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....
A previous oral partition that is not acted upon does not bar a party from seeking a partition of ancestral properties; comprehensive resolution requires a full trial.
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