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KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SMT CHANNAMMA W/O LATE MUNINARAYANAPPA SINCE DECEASED HER LRs ARE APPELLANT 1 TO 81 – Appellant
Versus
SMT THIPPAMMA ALIAS JAYAMMA AGED ABOUT 73 YEARS D/O LATE ANNAYYAPPA – Respondent
| Table of Content |
|---|
| 1. details of plaintiffs and suit history. (Para 1 , 4) |
| 2. court's analysis on facts and jurisprudence. (Para 2 , 5 , 7 , 12) |
| 3. arguments related to limitation and right to sue. (Para 6 , 11) |
| 4. legal principles concerning partition and limitations. (Para 10 , 13) |
ORAL JUDGMENT
This appeal by the plaintiffs in O.S.No.8503/2019 is directed against the impugned order/judgment and decree dated 13.10.2022 passed by the XLII Additional City Civil and Sessions Judge, Bengaluru, whereby the application I.A.No.3 filed by the respondent No.8-defendant No.8 under Order VII Rule 11 (a) and (d) of CPC was allowed by the Trial Court which proceeded to reject the plaint and consequently, dismissed the suit filed by the appellants/plaintiffs.
2. Heard learned counsel for the appellants and learned counsel for the respondents and perused the material on record.
3. With the consent of both sides, the lower court records have been procured from the Trial Court and the matter is taken up for final disposal.3
4. The material on record discloses that the appellant-plaintiffs instituted the aforesaid suit seeking partition, declaration and other reliefs in relation to the suit schedule immova
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