IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CIVIL REVISION PETITION NO. 742 OF 2025 (IO)

BETWEEN:

SRI. HEMANTH KUMAR S

S/O LATE SAVANDAPPA AGED ABOUT 51 YEARS

R/A NO. 95, 14TH CROSS

10TH MAIN, NGEF LAYOUT

NAGARBHAVI, BENGALURU - 560 072.

…PETITIONER

(BY SRI. RAGHAVAN M, ADVOCATE)

AND:

1. SMT. T. NETHRA

D/O SRI. THONTA ARDHYA S

AGED ABOUT 35 YEARS

R/A NO. 26, SADANANDA NILAYA

1ST MAIN, C CROSS

Digitally NEAR BALAJI, KALYANAMANTAPPA

signed by KUVEMPUNAGAR, HOSAGUDDADAHALLI MALATESH MYSURU ROAD, BENGALURU - 560 026.

K C

Location: 2. SRI. THONTA ARDHYA S HIGH S/O LATE SAVANDAPPA

COURT OF

AGED ABOUT 59 YEARS

KARNATAKA

R/A NO. 2, GF, SANYUKTHA SERINITY

1ST MAIN, 3RD CROSS,

BYATARAYANAPURA,

MYSURU ROAD, BENGALURU - 560 026.

3. SMT. PAVITHRA T

D/O. SRI THONTA ARDHYA

SANYUKTHA SERINITY,

AGED ABOUT 25 YEARS R/A NO. 2, GF 1ST MAIN, 3RD CROSS, BYATARAYANAPURA MYSURU ROAD, BENGALURU - 560 026.

…RESPONDENTS (BY SRI. M.N. RAVINDRANATH, ADVOCATE FOR C/R1)

THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 12.08.2025. PASSED ON IA NO.V IN OS NO. 26485/2023 ON THE FILE OF LXXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, CITY CIVIL COURT, BENGALURU (CCH 75), REJECTING THE IA NO.V FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SEC. 151 OF CPC FOR REJECTION OF PLAINT.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri.Raghavan M., learned counsel for the revision petitioner. None appears for the respondent. 2. Defendant No.3 in O.S.No.26485/2023 is the revision petitioner challenging the dismissal of the application vide I.A.No.5 filed under Order VII Rule 11(a) and (d) read with Section 151 of Code of Civil Procedure (hereinafter ‘CPC’ for short).

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

3.1. A suit came to be filed by respondent No.1/plaintiff in O.S.No.26485/2023 with the following prayer in respect of the following immovable properties:

PRAYER “Wherefore, the plaintiff most respectfully prays that this Hon’ble Court be pleased to pass a judgment and decree against the defendants:

a. Declaring that the plaintiff is entitled to 1/3^rd (one third) share in Schedule ‘A’ and ‘B’

properties.

b. To effect partition of schedule ‘A’ and ‘B’

properties by metes and bounds and to put the plaintiff in separate possession of her 1/3^rd (one Third) share in schedule ‘A’ and ‘B’

properties;

c. To order for an enquiry into mesne profits under Order 20 Rule 12 of Code of Civil Procedure from the date of this suit till the date of delivery of 1/3^rd (One Third) share in schedule ‘A’ and ‘B’ properties to the plaintiff and for payment of 1/3^rd (One third) share in ‘A’ and ‘B’ properties to the plaintiff;

d. Award costs of this suit and e. Pass such other or further orders as this Hon’ble Court deems fit and proper to grant in the circumstances of this case in the interest of justice and equity.”

SCHEDULE ‘A’ PROPERTY Immovable residential property site Nos.43 and 44 in Sy. No.72 of Guddadahalli village of Kempapura Agrahara, kasaba Hobli, Bangalore North Taluk, now situated at Kuvempu Nagar, ‘C’ Street, First main road, with PID No.42-72-26 IN BBMP Ward No.26 consisting of building and vacant space within the area of measuring:

East to West: 30 feet, and North to South: 94 feet. And bounded as follows:

East by: Private property of Hemanth Kumar S., West by: Private property of Shankarappa North by: Conservancy lane South by: Road The building in the above property is a residential property which consists of ground, first and second floors. Further, the building consists of totally 15 portions as detailed hereunder:

Ground floor six portions, First floor four portions, Second floor five portions.

SCHEDULE ‘B’ PROPERTY Residential apartment bearing flat No.GF-2, situated in the ground floor of the residential apartment building called ‘Sayuktha