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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.529 OF 2025 (IO)
BETWEEN:
SRI M V SESHAN S/O LATE M. VENKATARAMAIAH AGED ABOUT 72 YEARS R/AT NO.36, 2ND MAIN, BINNY LAYOUT, CHANDRA LAYOUT, BANGALORE -560040 …PETITIONER (BY SMT.HARSHITHA SURESH FOR SRI VAMSHI KRISHNA.C, ADVOCATES)
AND:
11. SRI HARSHA MURTHY S/O M.V.MURTHY AGED ABOUT 45 YEARS R/AT NO.83, 16FT CROSS, 14FT MAIN, Digitally 4FT SECTOR, HSR LAYOUT signed by BANGALORE -560102.
MALATESH K C
22. SRI.M.V. MURTHY Location:
S/O LATE M. VENKATARAMAIAH HIGH AGED ABOUT 75 YEARS COURT OF FLAT NO.BZ-1307, 13FT FLOOR KARNATAKA GOKULAM APARTMENT, KANAKAPURA ROAD, BANGALORE-560 062
3. SRI SHRINIVASAIAH.M S/O LATE MUNEPPA AGED ABOUT 65 YEARS R/AT SOMESHWARA PALYA VILLAGE, NEAR SOMESHWARA PALYA TEMPLE MULBAGAL TOWN, WARD NO.23, MULBAGAL TALUK, KOLAR DISTRICT-563 131. 4. SRI. SOMASHANKAR.M S/O LATE M.G.MUNIYAPPA AGED ABOUT 51 YEARS R/AT.SOMESHWARA PALYA VILLAGE, NEAR SOMESHWARA PALYA TEMPLE MULBAGAL TOWN, WARD NO.23, MULBAGAL TALUK, KOLAR DISTRICT-563 131.
5. SRI. SYED TABRAZ PASHA S/O, SYED MUNAVAR PASHA AGED ABOUT 37 YEARS R/AT MULABAGAL TOWN, SHAMEER MOHALLA, MULABAGAL TALUK KOLAR DISTRICT-563 131.
6. SRI.RAHAMATHULLA SHARIEF S/O ATHAULLA SHARIEF AGED ABOUT 45 YEARS R/AT MULABAGAL TOWN NO.2541 MC ROAD, KHALIF MOHALLA NEAR BALE CHANGAPPA SCHOOL MULABAGAL TALUK, KOLAR DISTICT-563 131.
…RESPONDENTS (BY SRI RAMESH KUMAR.V FOR SRI P.M.NARAYANASWAMY, ADVOCATES FOR C/R1;
VIDE ORDER DATED 10.10.2025, NOTICE TO R2 TO R6 IS DISPENSED WITH;
SRI V.VINOD REDDY, ADVOCATE FOR R3 AND R6)
THIS CRP IS FILED UNDER SECTION 115 OF CIVIL PROCEDURE CODE AGAINST THE ORDER DATED 09.06.2025 PASSED ON I.A.No.2 IN OS.No.124/2024 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MULBAGAL, REJECTING THE I.A.NO.2 FILED UNDER ORDER 7 RULE 11 (d) OF CPC, FOR REJECTION OF PLAINT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Heard Sri Harshita Suresh, learned counsel for the revision petitioner and Sri Ramesh Kumar for Sri P.N.Narayana Swamy, learned counsel for the respondent No.1 and Sri Vinod Reddy, learned counsel for respondent Nos.3 and 6.
2. Second defendant in O.S No.124/2024 is the revision petitioner challenging the rejection of I.A.No.2 filed under Order VII Rule 11(d) of the Code of Civil Procedure.
3. Facts in the nutshell which are utmost necessary for the disposal of the present revision petition are as under:
4. First respondent filed a suit in O.S No.124/2024 for partition and separation of the following properties hereinafter referred to as the ‘suit properties’.
“A" SCHEDULE PROPERTIES
Item No.1
All the piece and parcel of the Land bearing Sy.No.468 measuring 2 acre 37 guntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by: Land of Rajanna
West by: Land of Lakshmidevamma
North by : Land of Rajanna
South by : Land of Srinivas
Item No.2:
All the piece and parcel of the Land bearing Sy.No.507/1 measuring 1 acre 4.08 guntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the ;
East by : Land of Lakshmidevamma
West by : Land of B.Gopalayya
North by : Kere Kodi
South by : Land of Lakshmidevamma.
Item No.3.
All the piece and parcel of the land bearing Sy.No.3/7 measuring 03 quntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the:
East by : Land of Anjanayya Shetty
West by : Land of Subramani
North by : Land of Venkatachalapathi
South by : Land of Lakshmidevamma.
Item No.4
All the piece and parcel of the Land bearing Sy.No.3/1 measuring 04 guntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by : Land of Narayanamma
West by Land of B.Gopalayya
North by : Land of Venkatachalapathi
South by : Thoti Inamthi Land
Item No.5.
All the piece and parcel of the Land bearing Sy.No.13/2 measuring 08 guntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by : Land of Anjanayya Shetty
West by : Land of Bale Venkataswami
North by : Inamthi Land
South by : Land of Venkatachalapati
Item No.6.
All the piece and parcel of the Land bearing Sy.No.31/5 measuring 11 guntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by : Land of Dhananjaya
West by: Road NH-4
North by: Land of Pool Narayanappa
South by : Road NH-4
Item No.7
All the piece and parcel of the Land bearing Sy.No.10/1 measuring 11 guntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by : Land of Sarojamma
West by : Land of Sarojamma
North by : Land of Sarojamma
South by : Land of Sarojamma
Item No.8
All the piece and parcel of the Land bearing Sy.No.38/4 measuring 10.08 guntas situated at Mulabagal Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by : Land of T.Muniswami
West by : Land of Bale Narayanamma
North by : Land of Govindappa
South by : Land of Bale Narayanamma
"B" SCHEDULE PROPERTIES
Item No.1
All the piece and parcel of the Land bearing Sy.No.31/2 measuring 39 guntas situated at Someshwarapalya Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by : Land of Rajanna
West by : Land of Krishnayya
North by : Land of Nagappa
South by : Land of Krishnayya
Item No.2.
All the piece and parcel of the Land bearing Sy.No.27 measuring 3 acre 06 guntas situated at Someshwarapalya Village, Kasaba Hobli Mulabagal Taluk, Kolar District and bounded on the;
East by : Wakf Board Property
West by : Land of GowdaraShankarappa
North by : Land of T.M.Srinivas
South by : Land of Dhananjaya
Item No.3
All the piece and parcel of the Land bearing Sy.No.28/3 measuring 1 acre 28 guntas situated at Someshwarapalya Village, Kasaba Hobli, Mulabagal Taluk, Kolar District and bounded on the;
East by : KGF Road
West by: Inamthi Land
North by : Land of TCH Sc
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