The dismissal of the application for rejection of the plaint was justified, as the determination of property rights requires substantive evidence rather than unsupported assertions by the defendant.

ORDER :

V.SRISHANANDA, J.

Heard Sri Suhas H.S. learned counsel for the petitioner and Sri Chowdappa B. learned counsel for the respondents.

The seventh defendant in O.S.No.1010/2022 is the revision petitioner assailing the correctness of the order passed in said suit dated 01.09.2023 by the Additional Senior Civil Judge, Doddaballapura, in rejecting the application filed by the revision petitioner under Order VII Rule 11(a) and (d) of the CPC.

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

Smt. Parvathamma and others filed suit with the following prayer in respect of the following property (hereinafter referred to as suit properties):

"Wherefore the Plaintiffs are most humbly prays that this Hon'ble Court may Kindly be pleased to pass a judgment and decree in favour of the plaintiffs and against the defendants by granting the following relief's:-

a. Grant for partition and separate possession of 1/6th each share to the plaintiffs No.1, 2 and 5 and 1/6th (One Sixth) joint share to the plaintiffs No.3 and 4 and 1/6h joint share to the plaintiffs No.6 to 8 in the suit schedule properties.

b. To declare that the Sale Deeds and Gift Deed have existed in favour of the defendants with respect to the suit schedule properties are not binding on the plaintiffs.

c. Award costs of the above suit and grant such relief or relief's as the situation demands to meet the ends of justice and equity.

SCHEDULE

Item No.1

All the piece and parcel of the property bearing Sy.No.157/10, measuring total extent of 0-03 guntas, situated at Konaghatta Village, Kasaba Hobali, Doddaballapura Taluk, Bengaluru Rural District which is bounded to the

East by: Property of Ramappa

West by: Property of C.K Krishnappa

North by: Property of Thammanna

South by: Property of Nanjegowda

Item No.2

All the piece and parcel of the property bearing Sy. No. 240/4, measuring total extent of 0-02 guntas, situated at Konaghatta Village, Kasaba Hobali, Doddaballapura Taluk, Bengaluru Rural District which is bounded to the

East by : Halla

West by: Property of Veerabhadra

North by: Property of Rajanna

South by: Property of Venkategowda

Item No.3

All the piece and parcel of the property bearing Sy.No.269/7, measuring total extent of 0-04guntas, situated at Konaghatta Village, Kasaba Hobali, Doddaballapura Taluk, Bengaluru Rural District which is bounded to the

East by: Road

West by: Property of Govinda

North by: Property of Rajanna

South by: Property of Govinda

Item No.4

All the piece and parcel of the property bearing Sy.No.303/4, measuring total extent of 0.00.12 (4) guntas, situated at Konaghatta Village, Kasaba Hobali, Doddaballapura Taluk, Bengaluru Rural District which is bounded to the

East by: Property of Rudrappa

West by: Property of Subbanna

North by: Property of Eeshwarappa

South by: Property of Munianjinappa & Kuriyanna

Item No.5

All the piece and parcel of the property bearing Sy.No.150/3, measuring total extent of 0-01 gunta, situated at Konaghatta Village,Kasaba Hobali, Doddaballapura Taluk, Bengaluru Rural District which is bounded to the

East by: Private Property

West by: Private Property

North by: Private Property

South by: Private Property

Item No.6 All the piece and parcel of the property bearing Sy.No.165/1, measuring total extent of 1 acre 10 guntas, situated at Konaghatta Village, Kasaba Hobali, Doddaballapura Taluk, Bengaluru Rural District which is bounded to the

East by: Property of Dasanora Anjinappa

West by: Dinne Oni

North by: Property of same Survey number

South by: Property of Chandregowda

Item No.7 All the piece and parcel of the property bearing Sy.No.133/1, measuring total extent of 2 acres 17 guntas, in that, an extent of 0-10 guntas, s