IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 662 OF 2023 (IO)

BETWEEN:

M/S DRA PROJECTS PVT LTD REPRESENTED BY ITS DIRECTOR, SRI DHARMESH RANKA S/O DINESH RANKA AGED ABOUT 68 YEARS, OFFICE AT RANKA CHAMBERS NO.1B, I FLOOR, 31, CUNNINGHAM ROAD, BANGALORE - 560 052.

…PETITIONER (BY MS.VAARUNI FOR SMT.MANEESHA KONGOVI, ADVOCATES)

AND:

1. MARIYAM NAZARETH D/O M M KHAJAPEER Digitally AGE 20 YEARS, signed by RESIDING AT NO.1327, 14^TH MAIN, MALATESH BTM LAYOUT, 2^ND STAGE, K C BANGALORE – 560 076.

Location:

HIGH

2. SMT. MAHAMOODA BEGUM COURT OF KARNATAKA WIFE OF ABDUL WAHIB D/O J A RAHMAN KHAN, AGEDA BOUT 72 YEARS, R/AT NO.125, 7^TH CROSS, HMT LAYOUT, R.T NAGAR BENGALURU- 560 032.

3. SRI JAFFER ALI MANSOOR S/O OF ABDUL WAHIB AGED ABOUT 36 YEARS, 4. SRI NOOR FATHIMA D/O OF ABDUL WAHIB AGED ABOUT 30 YEARS, 5. SRI AYESHA FATHIMA D/O OF ABDUL WAHIB AGED ABOUT 33 YEARS, ABOVE RESPONDENTS NO.3 TO 5 ARE ALL RESIDING AT NO.17, 3^RD CROSS, VR PURAM, PG HALLI, BANGALORE – 560 003 ABOVE RESPONDENTS 3 TO 5 ALL RESIDING AT NO.17 AND

3^RD MAIN, 3^RD CROSS VR PURAM, PG HALLI BANGALORE – 560 003 …RESPONDENTS (BY SRI VIJAY, ADVOCATE FOR R1;

SRI HEMANTH KUMAR.K, ADVOCATE FOR R2 TO R5)

THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE AGAINST THE ORDER DATED 13.09.2023 PASSED ON IA IN O.S.No.307/2022 ON THE FILE OF LIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE IA FILED UNDER ORDER 7 RULE 11(a) AND (d) OF R/W SECTION 151 OF CPC FOR REJECTION OF PLAINT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Ms. Vaaruni, learned counsel for the petitioner.

None appears for the respondents.

2. Defendant No.6 is the revision petitioner challenging the order passed by the Additional City Civil Judge, Bengaluru in O.S.No.307/2022 rejecting the application filed under Order VII Rule 11 (a) and (d) of CPC.

3. Facts in the nutshell which are utmost necessary for disposal of the present revision petition are as under:

3.1. First respondent filed a suit in O.S.No.307/2022 with the following prayer in respect of following property:

“Wherefore the plaintiff prays that this Hon'ble court be pleased to pass judgement and decree in favour of plaintiff against the defendant.

(a) To pass judgement and decree for partition and separate possession of 1/5^th share in favour of plaintiff in the suit schedule property by meets and bounds.

(b) Sale deed dated:18.02.2009 registered as Document No.HLS-1-01184/2009-10 and Deed of Rectification cum, Confirmation Deed dated: 26.05.2010 Registered as document No. HLS-1-

00284 /2010-11, CD No.HLSD 21 are not binding of the plaintiff.

(c) And such pass any other order or directions which deems fit in the facts and circumstances, of the case including cost in the interest of justice and equity.

SCHEDULE All the piece and parcel of the Immovable property bearing No.13 measuring 46469 feet of land along with building and property bearing No.13/2 measuring 1450 square with building. This property is situated at Ulsoor Road, Ulsoor, Benglauru 8 bounded on:

East by : Yellamma Kovil and Private Property West by :Ulsoor chanal (Main drainage)

North by :Private Property South by :Private Property and Road”

4. In the plaint it is contented that the suit property originally belonged to Jabbar Khan, who was the great grandfather of the plaintiff. He had only a son by name Rehman Khan who died in the year 1959 at Bengaluru, leaving behind his daughters namely, Razia Begum, Mohammeda Begum, Muneera Begum, Mumtaz Begum and a son by name Mohamedali Khan. Among them, Mohamoodda Begum, who is the first defendant, had a son and two daughters namely, Jaffer Ali, who is the second defendant and Noor Fathima, who is the third defendant. The other child is Ayesha Fathima, who is the fourth defendant and M.M. Khajapeer, who is the fifth defendant, being the h