IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M

REGULAR SECOND APPEAL NO. 173 OF 2020 (PAR)

BETWEEN:

1. CHANDRAMMA

W/O NARAYANASWAMY AGED ABOUT 56 YEARS,

2. LAKSHMAMMA

D/O NARAYANASWAMY

AGED ABOUT 32 YEARS,

3. MANOHARA C.N.,

S/O NARAYANASWAMY, AGED ABOUT 30 YEARS,

4. RAJINI

W/O MANOHARA C.N.,

AGED ABOUT 20 YEARS,

Digitally signed

by THEJAS 5. ASHAVENI

KUMAR N D/O NARAYANASWAMY

Location: HIGH AGED ABOUT 26 YEARS,

COURT OF

KARNATAKA

6. VENUGOPAL

S/O NARAYANASWAMY

AGED ABOUT 24 YEARS,

ALL ARE R/O CHEEMASANDRA

VILLAGE AND POST, VIRGONAGARA,

BIDRAHALLI HOBLI,

BENGALURU EAST TALUK,

BENGALURU - 560049.

…APPELLANTS

(BY SRI. PHANIRAJ KASHYAP, ADVOCATE)

AND:

1. B.MANJUNATHA S/O LATE BEERAPPA AGED ABOUT 45 YEARS, 2. B.VENKATESH S/O LATE BEERAPPA AGED ABOUT 40 YEARS, 3. NARAYANASWAMY S/O LATE RAMAIAH AGED ABOUT 63 YEARS, 4. MUNITHAYAMMA W/O LATE BEERAPPA MAJOR IN AGE ALL ARE R/O CHEEMASANDRA VILLAGE AND POST, VIRGONAGARA, BIDRAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560049.

…RESPONDENTS (BY SRI. SHANKAR, ADVOCATE FOR R1, R2 AND R4;

R3 - SERVED AND UNREPRESENTED)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE.

THIS REGULAR SECOND APPEAL IS LISTED FOR HEARING, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL JUDGMENT

Sri.Phaniraj Kashyap, counsel for the appellants and Sri.Shankar, counsel for respondents 1, 2 and 4, appeared in person.

The office note depicts that respondent No.3 is served;

however, he is unrepresented.

2. For convenience's sake, the rankings of the parties shall be referred to as per their status in the trial court.

3. The plaintiff filed a suit for partition. The prayer made in the plaint is as follows:

"Pass a judgment in favor of the plaintiff's legitimate shares of one share each plaintiff as six shares in the schedule properties out of seven shares, by metes and bounds and permanent injunction against the defendants as not to alienate the plaintiff's shares and declare the sale deed No.1368/97-98 dated 21.05.1997 as not binding on the plaintiff’s, in the interest of justice and equity".

4. The first defendant filed a written statement. The trial Court framed five issues on 23.11.2017. The third issue relates to the cause of action, and it reads as follows: Issue No.3: Whether the plaint discloses any cause of action?

5. The trial court treated the third issue as a preliminary issue, and the court rejected the plaint vide order dated 07.06.2019 as it did not disclose any cause of action on costs of ₹ 5,000/- to be paid to defendant Nos.1 and 2 by the plaintiffs. The plaintiffs preferred an appeal before the Appellate Court in R.A.No.121 of 2019, and the Appellate Court vide judgment dated 13.12.2019 dismissed the appeal. Hence, the plaintiffs have filed this second appeal under Section 100 of CPC on several grounds by raising a substantial question of law as set out in the Memorandum of Appeal.

6. This Court, vide order dated 19.03.2021, admitted the appeal and framed the substantial question of law as under:

“Whether the courts below were justified in considering issue No.3 as a preliminary issue and disposing off the suit without recording any evidence?”

7. Counsel for the appellants and respondents urged several contentions.

8. Counsel for the appellants placed reliance on the following decisions:

I. SATHYANATH AND ANOTHER VS.

SAROJAMANI REPORTED IN (2022) 7 SCC

644.

II. DODDAMUNIYAPPA (DEAD) THROUGH LEGAL REPRESENTATIVES VS. MUNISWAMY AND OTHERS REPORTED IN (2019) 7 SCC 193.

9. Heard the arguments and perused the records with care.

10. The issue in this matter is of narrow compass; it is a pure question of law regarding whether the cause of action should be adjudicated as a preliminary issue, requiring minimal factual exposition. Suffice it to note that the trial court treated issue No.3 as a preliminary issue and rejected the plaint on the ground that it did not disclose the cause of action.

11. The Civil Procedure Code does not provide a specific, exhausti