IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.2765/2025 (PAR/DEC)

BETWEEN:

1. SMT. SAROJA D/O VENKATAMMA AND VENKATESHAPPA W/O NARASIMHAMURTHY Digitally signed AGED ABOUT 43 YEARS by ARSHIFA R/A BHUVANAHALLI VILLAGE BAHAR KHANAM KASABA HOBLI, DEVANAHALLI TALUK Location: HIGH BENGALURU RURAL DISTRICT-562 110.

COURT OF KARNATAKA

2. SMT. YASHODHA D/O VENKATAMMA AND VENKATESHAPPA W/O SAMUVEL .M AGED ABOUT 39 YEARS R/A NO.VENKATAGIRIKOTE VILLAGE VIJAYAPURA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110.

3. SMT. ROHINI K.Y.

D/O VENKATAMMA AND VENKATESHAPPA W/O YASHWANTH AGED ABOUT 36 YEARS R/A NO.261, MARANAYAKANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU URBAN DISTRICT-562 157.

4. SMT. MANJULA D/O NARAYANAMMA AND LATE MUNIYAPPA W/O SWARNABABU AGED ABOUT 44 YEARS R/A NO.31, G. MUNIYAPPA GARDEN P.S.K NAIDU ROAD, DODDAGUNTA COCKS TOWN, FRAZER TOWN BENGALURU NORTH TALUK BENGALURU URBAN DISTRICT-562 157 ALSO AT:

YAMBRAHALLI VILLAGE, KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 112.

5. SRI. PRAKASHA S/O LATE NARAYANAMMA AND LATE MUNIYAPPA AGED ABOUT 42 YEARS R/A YAMBRAHALLI VILLAGE, KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 112.

6. SMT. MADHAVI G.M.

D/O NARAYANAMMA AND LATE MUNIYAPPA W/O OBALESH .N AGED ABOUT 39 YEARS R/A NO. AMBAJI DURGA DODDA MUNIMANGALA, KASABA HOBLI CHIKKABALLAPURA TALUK AND DISTRICT-563125.

ALSO RESIDING AT:

KADRIPURA VILLAGE, VEMAGAL HOBLI KOLAR TALUK AND DISTRICT-563116.

…APPELLANTS (BY SRI. BALAKRISHNA K, ADV.,)

AND:

1. SMT. VENKATAMMA W/O LATE VENKATESHAPPA AGED ABOUT 75 YEARS.

2. SRI. KRISHNAPPA S/O VENKATAMMA AND LATE VENKATESHAPPA AGED ABOUT 55 YEARS.

3. SRI. VASUDEVA S/O VENKATAMMA AND LATE VENKATESHAPPA AGED ABOUT 52 YEARS.

RESPONDENT NOS.1 TO 3 ARE R/AT. YAMBRAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 112.

4. SRI. MUNIRAJU S/O VENKATAMMA AND LATE VENKATESHAPPA AGED ABOUT 46 YEARS R/AT JANGAMAKOTE VILLAGE AND HOBLI SHIDLAGHATTA TALUK CHIKKABALLPURA DISTRICT-562 102.

5. SRI. A. RAFI @ A. RAFI AHAMMED BHASHA S/O S.A. RAHIM AGED ABOUT 77 YEARS R/AT JALAPPA ROAD, TALUK OFFICE ROAD DEVANAHALLI TOWN BENGALURU RURAL DISTRICT-562110.

6. SRI. HARISH .S S/O LATE D.M. SRINIVASAIAH AGED ABOUT 48 YEARS.

7. SMT. CHANDRAKALA W/O HARISH .S AGED ABOUT 44 YEARS.

RESPONDENT NOS.6 & 7 ARE R/AT DODDAJALA GRAMA, JALA HOBLI YELAHANKA TALUK BENGALURU DISTRICT-562157.

…RESPONDENTS (BY SRI. UDAY K.S ADV., FOR C/R6)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, PRAYING TO SET ASIDE THE ORDER PASSED UNDER ORDER 7 RULE 11(a) AND (d) IN O.S.NO.557/2024 DATED 08.09.2025 ON THE FILES OF III ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, C/C II ADDL. SENIOR CIVIL JUDGE & JMFC AT DEVANAHALLI ALLOW THE APPEAL AND CALL FOR RECORDS FROM THE TRIAL COURT AND RETURN BACK THE MATTER TO TRIAL COURT TO CONSIDER THE PLAINT FOR PARTITION AND OTHER RELIEFS AS THAT MAY BE GRANTED BY THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

This regular first appeal is filed under Section 96 of the Code of Civil Procedure, 1908, by the plaintiffs challenging the judgment and decree dated 08.09.2025 passed in O.S.No.557/2024 by the Court of III Additional Senior Civil Judge and JMFC at Devanahalli (for short 'the Trial Court').

2. The parties are referred to as per their rankings before the Trial Court.

3. The brief facts leading to the filing of this appeal are that the plaintiffs filed a suit in O.S.No.557/2024 seeking partition and declaration that the sale deeds dated 23.01.2007 and 18.06.2007 are not binding on the plaintiffs and other reliefs. In the said suit, the defendant Nos.6 and 7 filed an application se