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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Provident Housing Limited – Appellant
Versus
Manjula W/o Hanumaiah – Respondent
ORDER :
1. Heard Shri.Anandarama.K. learned counsel appearing for the petitioner and Shri.V.F.Kumar, learned counsel appearing for Respondent Nos.1 to 5.
2. Defendant No.10 in O.S.No.4758 of 2020 is the revision petitioner challenging the dismissal of the application vide I.A.No.4 filed under 7 Rule 11 of CPC by order dated 06.12.2022 by the XV Additional City Civil and Sessions Judge, Bengaluru (CCH No.3).
3. Facts in the nutshell, which are utmost necessary for disposal of the present revision petition are as under:
A suit came to be filed by Respondent Nos.1 to 5 seeking following reliefs, in respect of the following properties:
a) To effect partition of the suit schedule property and allot the shares of the plaintiffs to the extent of 1/3rd and put them on their separate possession by metes and bounds.
b) To declare that the registered Sale Deed dated 6/02/1995 executed by late Bylamma and other registered as Document No.7443/1994-95 in favour the 5th Defendant's father in respect of the Suit Schedule Property.
c) The alleged Sale Deed dated 10/07/2002 registered as Document No.3228/2002-03 executed by mother of the 5th Defendant late Puttalakshamma in favour of the 6th Defendant.
d) T
The court emphasized that questions of limitation and cause of action are mixed issues of law and fact best resolved at trial, not at the application stage.
Point of law: Rejection of plaint - Clever or ingenious drafting cannot mask the Court for consideration of am application seeking rejection of the plaint when the suit is barred by limitation on the....
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
The limitation period for challenging registered sale deeds starts upon acquiring knowledge of the transaction, not merely from the registration date, reaffirming the necessity of trial for evidentia....
The court ruled that issues of limitation and contractual validity arising from disputed facts cannot be decisively adjudicated at the stage of rejecting a plaint, necessitating a trial based on evid....
Issues of limitation and sale deed validity require full trial; defenses are not assessed at the preliminary dismissal stage under CPC.
The limitation period for a suit for partition and declaration that certain sale deeds are not binding is under Article 109 of the Limitation Act, and it starts running from the date of possession of....
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