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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
P. Bhoopal, S/o. Late Munipoovanna – Appellant
Versus
P. Govindappa, S/o. Late Munipoovanna – Respondent
| Table of Content |
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| 1. the appellant is challenging the rejection of his plaint for partition. (Para 1 , 2 , 3 , 4) |
| 2. the trial court's reliance on previous litigation is contested. (Para 5 , 6 , 7) |
| 3. the court emphasizes the necessity of a full trial. (Para 8) |
| 4. the appeal is allowed, and the previous order is set aside. (Para 9) |
JUDGMENT :
S.R. KRISHNA KUMAR, J.
This appeal is filed by the plaintiff in O.S. No.6484/2012, challenging the order dated 20.06.2023 on the file of the XXIV Additional City Civil and Sessions Judge, Bengaluru (for short, 'Trial Court'), wherein the application filed by defendants 1 and 2 under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint came to be allowed culminated in dismissal of the suit.
2. A perusal of the material on record will indicate that the appellant/plaintiff is none other than the brother of defendants 1 and 2, all of them being the children of late Munipovanna. Defendants 3 to 22 are said to be the alienees in relation to the suit schedule properties in respect of which, the appellant/plaintiff instituted the aforesaid suit for partition and separate possession of his alleged share in the suit schedule properties compri
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