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NC: 2026:KHC:17666 RFA No. 432 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ

REGULAR FIRST APPEAL NO. 432 OF 2026 (PAR)

BETWEEN:

SMT. SUMA M REDDY, W/O. SOMASHEKAR REDDY, D/O. A. MUNIRAJAREDDY,

AGED ABOUT 43 YEARS, R/AT. NO.14, 7^TH MAIN ROAD, BTM 2^ND STAGE, N.S. PALYA,

BANNERGHATTA ROAD, BENGALURU -560 076

…APPELLANT (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE)

AND:

1. SRI. A. MUNIRAJA REDDY, S/O. ANNAIAH REDDY, AGED ABOUT 66 YEARS

Digitally signed by

2. SRI. M. SRIKANTH, HEMALATHA J S/O. A. MUNIRAJA REDDY, Location: AGED ABOUT 39 YEARS

HIGH COURT OF DEFENDANTS NO.1 AND 2 ARE KARNATAKA

R/AT. NO.79, TEMPLE STREET, DODDANAGAMANGALA VILLAGE,

ELECTRONIC CITY POST, BENGALURU-560 100

3. SMT. PAVULURI LAXMI BHAVANI, W/O. N. SWAMY DAMACHERLA, AGED ABOUT 36 YEARS,

R/AT. FLAT NO. 305, SAI SREENIVASA SHINE,

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NC: 2026:KHC:17666 RFA No. 432 of 2026

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9^TH CROSS, ANATHNAGAR, PHASE II, ELECTRONIC CITY PHASE II,

BENGALURU-560 100

4. SMT. C. NEELIMA, W/O. SRI. C. VENKATA SESHAIAH, AGED ABOUT 41 YEARS,

R/AT. NO.15-621, PRT STREET, NEAR RAGHAVENDRA SWAMY TEMPLE,

DHARAMAVARAM, ANANTHAPURA DISTRICT, ANDHRA PRADESH-515671

5. SRI. CHINTA BHUVANASHANKAR DAS, S/O. CHINTA VENKATADA, AGED ABOUT 33 YEARS,

R/AT. NO. 15-620, PRT STREET, WARD-15, DHARAMAVARAM, ANANTHAPURA DISTRICT, ANDHRA PRADESH-515671

6. SRI. CHINTA PRAVEEN DAS, S/O. SRI. CHINTA VENKATADAS,

AGED ABOUT 32 YEARS, R/AT. NO.15-620, PRT STREET,

WARD-15, DHARAMAVARAM, ANANTHAPURA DISTRICT, ANDHRA PRADESH-515671

7. SRI. SRIKUMAR ANAMALA, S/O. LATE A CHANDRA BABU, AGED ABOUT 40 YEARS,

R/AT NO.1-63, PAIDIPALLI VILLAGE, SANAMBATALA POST, TIRUPATHI ROAD,

CHITTOOR DISTRICT, ANDHRA PRADESH-517505

8. SRI. SARAVANAN PAYANI, S/O. LATE A. PAYANI, AGED ABOUT 48 YEARS,

R/AT. NO.8-12, SATHYANARAYANA PURAM, RAJIV NAGAR, TIRUPATHI (URBAN),

CHITTOOR DISTRICT-517501

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NC: 2026:KHC:17666 RFA No. 432 of 2026

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9. SRI. P. BALAJI, S/O. LATE A. PAYANI,

AGED ABOUT 44 YEARS, R/AT. NO. 8-12, SATHYANARAYANA PURAM,

RAJIV NAGAR, TIRUPATHI (URBAN), CHITTOOR DISTRICT-517501

10. SRI. V. SANKAR, S/O. SRI. VEERAPATHIRAM, AGED ABOUT 56 YEARS,

R/AT. NO.184/A, CHITTUR MAIN ROAD, ASWARAVANTHAPURAM, ERUMBI POST,

PALLIPATTU, TIRVALLUR, TAMILNADU - 6313021

11. SRI. NULU SUBRAMANYAM, S/O. NULU VENKATARAMAIAH,

AGED ABOUT 54 YEARS, R/AT. NO.6-63, NADIMPALLI,

ROMPICHERLA MANDALAM, PEDDAMALLELA GRAMAM, CHITTOOR,

ANDHRA PRADESH - 517 192

12. SRI. H. MOHAN RAO, S/O. LATE S. HANUMATHA RAO, AGED ABOUT 48 YEARS,

R/AT. NO.17/18, EARAMMA LAYOUT, ADUGODI POST, BANNERGHATTA ROAD, BENGALURU - 560 030

…RESPONDENTS (BY SRI. S. SREEVATSA, SENIOR ADVOCATE FOR SRI. GOUTHAM M.,

ADVOCATE FOR CAVEATORS/RESPONDENT NOS.1 AND 2)

THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE ORDER DATED 02.12.2025 PASSED ON I.A.NO.V IN OS NO.2010/2022 ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING I.A.NO. V FILED UNDER SECTION VII RULE 11(a) AND (d) R/W SEC.151 OF

CPC FOR REJECTION OF PLAINT.

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NC: 2026:KHC:17666 RFA No. 432 of 2026

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL JUDGMENT

This appeal is filed by the plaintiff under Section 96 of the

Code of Civil Procedure, 1908 (henceforth referred to as 'CPC') challenging an order dated 02.12.2025 passed by the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (henceforth referred to as 'Trial Court') in O.S.No.2010/2022 by which, the plaint filed by her was rejected under Order VII Rule 11(a) and (d) read with Section

151 of CPC.

2. The suit in O.S.No.2010/2022 was filed for partition and separate possession of the plaintiff's 1/3^rd share in the suit properties and for a declaration that the sale deeds dated 12.05.2022 and 02.06.2012 are not binding on her share in the

suit properties and for an enquiry regarding mesne profits. 3. The plaintiff claimed that she is t