IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 365 OF 2024 (PAR)

BETWEEN:

SRI RAJENDRA, AGED ABOUT 41 YEARS, S/O MR MUNIYAPPA, RESIDING AT NAGARESHWARA NAGENAHALLI, K NARAYANAPURA, K R PURA HOBLI, KOTHANUR POST, BANGALORE - 560 077.

…APPELLANT (BY SRI. PRAVEEN KUMAR K N.,ADVOCATE)

AND:

1. SRI MUNIYAPPA AGED ABOUT 80 YEARS, S/O LATE VENKATAPPA, Digitally

2. MR MANJUNATH signed by MADHURI S AGED ABOUT 45 YEARS, S/O MR MUNIYAPPA, Location:

High Court of Karnataka R-1 & R-2 ARE RESIDING AT, N NAGENAHALLI, K NARAYANAPURA, K R PURA HOBLI, BANGALORE - 560 077.

3. MR S ANAND AGED ABOUT 50 YEARS, S/O LATE M SHIVANANDAM, RESIDING AT NO. 75, KADIRAYYANAPALYA, INDIRANAGAR POST, BANGALORE - 560 038.

4. H M MUKUNDA AGED ABOUT 47 YEARS, S/O SRI MUNITHAYAPPA, R/AT NO. 977 'RAVICHANDRA'

HOODI WHITE FIELD ROAD, MAHADEVAPURA POST, BANGALORE - 560 048.

5. H M CHANDRASHEKAR AGED ABOUT 45 YEARS, S/O SRI MUNITHAYAPPA, R/AT NO. 977, RAVICHANDRA, HOODI WHITE FILED ROAD, MAHADEVAPURA POST, BANGALORE - 560 048.

…RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 13.12.2023 PASSED IN RA NO.117/2021 ON THE FILE OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, C/C VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 27.01.2021 PASSED ON IA NO.III IN OS NO.787/2014 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU., ALLOWING THE IA NO.III FILED UNDER ORDER VII RULE 11 OF CPC., FOR REJECTION OF PLAINT.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri.Praveen Kumar K.N., learned counsel for the appellant.

2. This Court did not deem it fit to issue notice to the respondent.

3. Unsuccessful plaintiff is the appellant in this second appeal challenging the rejection of the plaint in O.S.No.787/2014 confirmed in RA No.117/2021.

4. The facts in the nutshell which are almost necessary for the disposal of the present appeal are as under:

Plaintiff being the son of defendant No.1, filed a suit against his father and his brother, who is defendant No.2 and purchasers of the suit property, who are defendants Nos. 3 to 5 seeking relief of partition and separate possession in respect of the following immovable property (hereinafter referred to as suit properties):

Schedule All that piece and parcel of immovable property bearing Survey No.11/3 of Nagareshwara Nagenahalli, K.R.Puram Hobli, Bangalore South Taluk, measuring 32 guntas and bounded on:

East by : Pillappa's Land West by : Narayana Swamy Land North by : Papanna's Land South by : Lake and Muniyappa's Land

5. According to the plaintiff, the common propositus is Sri.Venkatakappa H.C., had a wife by name Bachamma. Said Venkatakappa had 2 children, namely, Jadeppa, uncle of the plaintiff and Muniyappa, father of the plaintiff.

6. The branch of Jadeppa is not concerned with the disposal of the present appeal. Muniyappa had a wife by name Narayanamma and couple had 4 children, namely, Nagaveni, Manjunatha, Lakshmamma and Rajendra. 4^th child of the couple is the plaintiff. Manjunatha, 2^nd child of the couple is defendant No. 2 and father of the plaintiff, Muniyappa being the son of Venkatappa, is defendant No.1.

7. There was a partition that took place in respect of the suit property between Jedappa and Venkatappa somewhere in the year 1970. Admittedly, the plaintiff was born in the year 1984.

8. When the partition took place, there was no other coparceners for the branch of Muniyappa. Therefore, property held by Muniyappa became the individual property of Muniyappa. Muniyappa during his lifetime for the betterment of the family and in order to meet the family necessity, sold the suit properties in favour of defendant No.3 by way of different sale deeds. Rajendra being the son of def