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2025 Supreme(Online)(Kar) 33840

KARNATAKA HIGH COURT
, J
Bhoopal P. v. P. Govindappa


Table of Content
1. appeal filed against the order of plaint rejection (Para 1 , 2)
2. defense based on previous litigation and res judicata (Para 3 , 4)
3. need for detailed examination of rights through trial (Para 5 , 6)
4. court's order to allow the appeal and guideline for trial proceedings (Para 7 , 8 , 9)

1. 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 R.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 comprising of plaint 'A', 'B' and 'C' schedule proper

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