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2025 Supreme(Kar) 2880
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA, J.
Sri. Shivanegowda @ Chikkonu, S/o. Late. Eregowda – Appellant
Versus
Sri Shivannegowda, S/o. Late. Shivanegowda – Respondent
Civil Revision Petition No. 309 Of 2020
Decided On : 04-11-2025
For the Appellant : Sri. Jayakirthi M.C, Adv.
For the Respondent: Sri. Prakash M.H, Adv.
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.
Headnote:(A) Code of Civil Procedure, 1908 - Order VII Rule 11(a) and (d), Order II Rule 2(3) - Revision petition challenging the dismissal of an application to reject the plaint. - The court affirmed that the earlier oral partition, if not acted upon, does not preclude the plaintiff from seeking partition of the suit property. - A thorough trial is necessary to address the claims of all parties involved. (Paras 2, 8, 17, 19)
(B) Admissions in Pleadings - The court ruled that an admission made in the plaint regarding previous partition does not automatically invalidate the current partition suit, as mere acknowledgement does not establish its practical enforcement. (Paras 9, 10)
Facts of the case:
The plaintiff filed a suit for partition of ancestral joint family properties. The defendants contended that there was an earlier oral partition; however, the plaintiff argued that the partition was not acted upon, thus necessitating the current suit.
Findings of Court:
The trial court's dismissal of the application to reject the plaint was upheld, emphasizing the need for a full trial to resolve disputes among parties.
Issues: The core issues were whether the admissions in the plaint regarding an earlier oral partition warranted dismissal of the current partition suit, and the necessity for a full trial of the claims.
Ratio Decidendi: The court determined that prior admissions do not negate the possibility of a partition suit if the previous partition was not executed. The dismissal of the plaint rejection application was justified as the matter required a comprehensive examination.
Result: Revision petition dismissed.
| Table of Content |
|---|
| 1. jurisdiction on civil revision petitions (Para 1 , 2) |
| 2. factual background of the partition suit (Para 3) |
| 3. defendants' response and application for rejection (Para 4 , 5) |
| 4. court's examination of materials and claims (Para 6 , 11 , 12) |
| 5. arguments regarding the maintainability of the suit (Para 8 , 9 , 10) |
| 6. implication of previous partition on current claims (Para 15 , 16 , 17) |
| 7. conclusion on dismissal of revision petition (Para 19) |
ORDER :
V. SRISHANANDA, J.
1. Heard Sri.Jayakirthi M. C., learned counsel for the revision petitioners and Sri.Prakash M. H., learned counsel for the respondent No.1.
2. Revision petition is filed by Defendant Nos.2 to 14 challenging the order passed by the Senior Civil Judge and JMFC, Kanakapura in O.S.No.196/2017 on 13.10.2020, whereby I.A.No.2 filed under Order VII Rule 11 (a) and (d) of CPC and under Order II Rule 2(3) read with Section 151 of CPC came to be dismissed.
3. Facts which are utmost necessary for disposal of the present petition are as under:
3.1. A suit for partition and separate possession of the following properties came to be filed by the plaintiff:
The following the agriculture lands situated at Maralebekuppe village, Uyamballi Hobali, Kanakapura Taluk.
1. The land bearing Sy.No.212/2, measuring 0- 38 guntas (Total extent 2 acre 33 guntas) bounded on,
East by : land of Government halla
West by : land of Raju
North by : land of Shivanegowda
South by : land of Government halla
2. The land bearing Sy.No.236/2, new Sy.No.236/6, measuring 0-28 guntas bounded on, East by : land of land of Sy.No.251/1 belongs to the plaintiff West by : land of Nanjegowda North by : land of Puttegowda South by : land of Bokkegowda
3. The land bearing Sy.No.237/2, measuring 0- 24 guntas, bounded on, East by : land of Bokkegowda West by : land of Sujatha North by : land of Srikantegowda South by : land of Puttegowda
4. The land bearing Sy.No.250/1, measuring 0- 19 guntas, bounded on
East by : land of Puttegowda
West by : land of Shivanegowda
North by : land of Piddegowda
South by : land of Basavegowda
5. The land bearing Sy.No.251/1, measuring 0- 38 guntas, bounded on
East by : land of Shivanegowda
West by : Sy.No.236/6
North by : land of Puttegowda
South by : land of Bokkegowda
6. The land bearing Sy.No.252/2, measuring 0-
07 guntas, bounded on
East by : land of Nanjundegowda
West by : land of Basavalingegowda
North by : land of Nanjundegowda and Basavalingegowda
South by : land of Basavalingegowda
7. The land bearing Sy.No.252/3, measuring 0- 11 guntas, bounded on
East by : land of Chikkashivanegowda
West by : land of Muninanjegowda North by : land of Puttegowda
South by : land of Channabasavegowda
8. The land bearing Sy.No.256/2, measuring 0- 11 guntas, bounded on,
East by : land of Puttegowda
West by : land of Shivanegowda
North by : land of Nanjundegowda
South by : land of Basavalingegowda
9. The land bearing Sy.No.256/4, measuring 0- 08 guntas bounded on,
East by : land of Shivanegowda
West by : land of Puttegowda
North by : land of Basavegowda
South by : Anurao Estate
10. The land bearing Sy.No.257/2, measuring 0- 31 guntas, bounded on,
East by : land of Shivanegowda S/o. Dodderegowda
West by : land of Dodderegowda
North by : land of Basalingegowda
South by : land of Dodderegowda
11. The land bearing Sy.No.257/3, measuring 0- 04 guntas, bounded on,
East by : land of Basavalingegowda
West by : land of Shivanegowda
North by : land of Basavalingegowda
South by : Government Tank
12. The land bearing Sy.No.466/2 measuring 0- 38 guntas, bounded on,
East by : land of C.K.Shivanna
West by : land of Eeregowda
North by : land of Eeregowda
South by : Government halla
3.2. Plaintiff contended that suit properties are the ancestral joint family properties of the plaintiff, defendant Nos.15 to 19.
3.3. Yadeeregowda, son of Veeregowda was the kartha of the joint family of the plaintiff and defendants except defendant Nos.13 and 14.
3.4. Suit properties stood in the name of said Yadeeregowda during his lifetime. After Yadeeregowda and his wife Devam
