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2025 Supreme(Online)(Kar) 39367

THE HIGH COURT OF KARNATAKA
D K SINGH AND RAJESH RAI K
SMT C T JAYASHREE – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE RAJESH RAI K)

1. This Regular First Appeal is filed by the appellants- plaintiffs challenging the order dated 16.03.2018 passed in I.A.No.11 filed by defendant No.22 i.e., respondent No.22 under Order VII Rule 11 (a) & (d) of CPC in O.S.No.431/2012 before the Senior Civil Judge & JMFC, Devanahalli (hereinafter referred to as "the Trial Court", for short) whereby, the Trial court allowed I.A.No.11 and consequently, rejected the plaint as the suit was barred by law of limitation and for want of cause of action.

2. For the sake of convenience, the parties are referred to by their ranks before the Trial Court.

3. The abridged facts of the case are as under:

The plaintiffs filed a suit for declaration of title and permanent injunction with respect to land bearing No.6/2 measuring 2 acres 25 guntas and measuring 1 acre 10 guntas, situated at Kattigenahalli Village, Jala Hobli, Bengaluru North Taluk mentioned in item Nos.1 and 2 of the plaint (hereinafter referred to as "the suit schedule properties", for short).

4. Plaintiff No.1 is the wife of one late C.S.Thirumala Iyengar. Plaintiff Nos.2 and 3 are the children of said late C.S. Thirumala Iyengar. Lat

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