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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
R. Narasimhamurthy, S/o. Late S.G. Ramachandrachar – Appellant
Versus
Lakshmiranganatha R., S/o. S.G. Ramachandrachar – Respondent
ORDER :
V. SRISHANANDA, J.
Heard learned counsel for the parties.
2. Defendant No.2 in O.S No.52/2019 on the file of the Senior Civil Judge and JMFC, Channagiri, is the revision petitioner challenging the Order dated 10.06.2024 dismissing the application filed under Order VII Rule 11 of the Code of Civil Procedure.
3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under:
Plaintiff in the suit namely Lakshmiranganatha.R is the son of Sri S.G.Ramachandrachar and Smt.Rathnamma (defendant No.1). Govindachar was the head of the family and common prepositus. Ramachandrachar had eight children namely, R.Narasimhamurthy, R.Rajamma, R.Srinivasa, R.Lakshmiranganatha (plaintiff), R.Lakshminarayana, R.Lakshmidevi, R.Amruthamma, R.Krishnamurthy.
4. Revision Petitioner further revealed that eighth child of Sri Ramachandrachar, namely R.Krishnamurthy had filed a suit earlier in O.S No.48/2014, which on contest came to be dismissed and there was no appeal against the said judgment and it has attained finality.
5. It is also found from the records that the present plaintiff sailed with the second defendant in the said suit by adopting the written stat
The court affirmed that a second suit for partition is maintainable despite prior dismissal, recognizing differing rights under the Hindu Succession Act.
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 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 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 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 reiterated that issues of title and right to convey property require full trial, rejecting premature dismissal under Order VII Rule 11 of CPC.
Prior oral partitions must be supported by evidence during trial; dismissing the application without trial is justified when material facts aren't suppressed.
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