IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.481 OF 2022 (IO)

BETWEEN:

SHRI B. S. NAGESH S/O LATE SHRI SAMBASHIVAIAH, PRESENT AGED ABOUT 62 YEARS, PARTNER OF M/S. BHAVIKATTE DEVELOPERS NO.164/2012-13, SIRA ROAD, NEAR BHAVIKATTE KALYANA MANTAPA, TUMKURU TOWN-571 223.

…PETITIONER (BY SRI PRADEEP FOR SRI SHANMUKHAPPA, ADVOCATES)

AND:

1. SMT. MANJULA D/O LATE PEDDAIAH, W/O LAKSHMAN, PRESENT AGED ABOUT 38 YEARS, R/AT SIDDARAMMA NAGARA, Digitally BHOVIPALYA, KASABA HOBLI, signed by OORUKERE POST, MALATE SH TUMKUR TALUK AND DISTRICT-572 223.

K C Location:

HIGH 2. VENKATARAMU COURT OF D/O LATE PEDDAIAH, KARNATAKA W/O LAKSHMAN, PRESENT AGED ABOUT 46 YEARS, R/AT BHOVIPALYA, KASABA HOBLI, OORUKERE POST, TUMKUR TALUK AND DISTRICT-572 223.

NOW R/AT GARUVADEVARAHALLY, WARD NO.18, RMC POST, MADUGIRI TOWN, TUMKUR DISTRICT-572 233.

3. CHANDRAIAH S/O. LATE PEDDAIAH, PRESENT AGED ABOUT 41 YEARS, 4. SMT. THIMMAKKA W/O LATE PEDDAIAH, PRESENT AGED ABOUT 66 YEARS, RESPONDENTS NO.3 AND 4 ARE R/AT BHOVIPALYA, KASABA HOBLI, OORUKERE POST, TUMKUR TALUK AND DISTRICT-572 223.

5. D. SHIVANNA S/O. LATE DODDEERAIAH, AGED ABOUT 46 YEARS, R/AT BIDARE HATTI, GUBBI TALUK, TUMKUR DISTRICT-571 123, NOW R/AT TUDA LAYOUT, SIRA GATE, TUMKUR TOWN-572 123.

6. SMT. CHODA RATHNAMMA W/O LATE T. V. MUNIGANGAIAH, PRESENT AGED ABOUT 62 YEARS, R/AT KAALIDASA NAGARA, SIRA GATE, TUMKUR TOWN-572 223.

7. S. NANJUNDAPPA S/O LATE SADASHIVAIAH, PRESENT AGED ABOUT 44 YEARS, R/AT OORUKERE VILLAGE AND POST, KASABA HOBLI, TUMKUR TALUK AND DISTRICT-572 233.

…RESPONDENTS (BY SMT.SWATHI R. BHAT, FOR SMT.JAYANTHI.R, ADVOCATES FOR R1;

VIDE ORDER DATED 06.01.2023 NOTICE TO R2 TO R7 IS DISPENSED WITH)

THIS CRP IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE AGAINST THE ORDER DATED 23.08.2022 PASSED IN O.S.No.1020/2014 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU, REJECTING THE IA FILED UNDER ORDER 7 RULE 11(d) OF CPC FOR REJECTION OF PLAINT.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Defendant No.7 is the revision petitioner being the purchaser of the portion of the suit property, challenging the validity of the dismissal order dated 23.08.2022 passed on the application filed under Order VII Rule 11(d) of the Code of Civil Procedure in O.S.No.1020/2014 on the file of the II Additional Civil Judge and JMFC, Tumakuru.

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

3. Plaintiff/first respondent filed the suit against the remaining respondents and the revision petitioner with the following prayer in respect of following immovable property.

“Wherefore under the above said circumstances plaintiff is very respectfully prays before this Hon’ble Court may kindly be pleased to pass judgment and decree against the defendants as follows:

(i) For partition and separate possession of plaintiff’s 1/4^th share over the suit schedule property and further order that the alleged transactions of conveyance deeds if any created between the defendants in collusively is not binding upon the plaintiff’s 1/4^th share in the suit schedule property.

(ii) for mesne profit under Order XX Rule 12 of CPC, (iii) for cost and such other reliefs as the Hon’ble Court deems to fit grant under the circumstances of the case in the interest of the justice and equity.”

SUIT SCHEDULE PROPERTY That the land bearing Sy.No.93, totally measuring 03-16.00 guntas, out of which 02-00 acres, assessed at Rs.3.74, situated at Annenahally village, Kasaba Hobli, Tumakuru Taluk, bounded by:

East: Property of Muniyappa’s sons, West: Property of Nagakumar, North: Property of Rajanna, South: Govt. Gomala.”

4. Plaintiff laid the claim on the ground that common prepositus was one Ramaiah, who had two sons and a daughter. Smt.Peddaka being the daughter was having share in the suit property. P