IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR CIVIL REVISION PETITION No.314 OF 2019 BETWEEN K.B.Gayathri Devi, D/o. Late Beeraiah, Aged about 48 years, R/at #869/2A, 8th Cross, Rahamaniya Street, K.R.Mohalla, Mysuru City-570001. (By Sri. Abubacker Shafi, Advocate) AND 1. B.Padmavathi, D/o. Late Beeraiah, W/o. P.Jayachandra, Aged about 62 years, R/at No.3506/3, Behind UMA Bar, Rama Mandira Road, Thilak Nagar, Mysuru City-570001.
2. K.B.Vasudeva, S/o. Late Beeraiah, Aged about 66 years, R/at No.869/2A, 8th Cross, Rahamaniya Street, K.R.Mohalla, Mysuru City-570001.
…Petitioner 3. K.B.Nagaraju, S/o. Late Beeraiah, Aged about 64 years, R/at No.869/2A, 8th Cross, Rahamaniya Street, K.R.Mohalla, Mysuru City-570001.
4. K.B.Ramesh, Since dead by his LRs 4(a) Pushpalatha, W/o. Late K.B.Ramesh, Aged about 37 years, 4(b) Harshitha, D/o. Late K.B.Ramesh, Aged about 22 years, 4(c) Nanditha, D/o. Late K.B.Ramesh, Aged about 16 years, 4(c) is minor, hence she is Represented by her Minor guardian mother The 4(a) respondent All are No.869/2A, 8th Cross, Rahamaniya Street, K.R.Mohalla, Mysuru City-570001.
5. Smt. Pushpavalli, D/o. Late Beeraiah, W/o. C.Krishnegowda, Aged about 50 years, Thonachikoppal, Mysuru City-570001.
6. Smt. Nirmala, W/o. K.B.Revanna, Aged about 52 years, R/at No.150, Vyaragya Marga, Siddarthanagara, Mysuru City-570001.
7. R.Monica, D/o. K.B.Revanna, Aged about 31 years, R/at No.150, Vyaragya Marga, Siddarthanagara, Mysuru City-570001.
8. R.Thanush, D/o. K.B.Revanna, Aged about 28 years R/at No.150, Vyaragya Marga, Siddarthanagara, Mysuru City-570001.
9. R.Shythartha, D/o. K.B.Revanna, Aged about 24 years, R/at No.150, Vyaragya Marga, Siddarthanagara, Mysuru City-570001.
10. M.L.Shivalingaiah, Aged about 75 years, R/at No.155, 1st Cross, Gangothri Layout, Mysuru City-570001.
11. Shivaprasad, S/o. M.L.Shivalingaiah, Aged about 38 years, R/at No.155, 1st Cross, Gangothri Layout, Mysuru City-570001.
…Respondents This Civil Revision Petition is filed under Section 115 of CPC, against the order dated 30.03.2019 passed on I.A.No.8 in O.S.No.744/2010 on the file of the IV Additional Senior Civil Judge and JMFC, Mysuru, dismissing the I.A.No.8 filed under Order VII Rule 11(a) read with Section 151 of CPC for rejection of plaint.
This Civil Revision Petition coming on for admission this day, the Court made the following:
ORDER The 5th defendant in O.S.No.744/2010 on the file of 4th Addl. Senior Civil Judge, Mysuru has preferred this appeal challenging the order of the said court on I.A.8 filed under Order VII Rule 11(a) r/w Section 151 CPC. The 1st respondent herein has instituted a suit for partition in respect of the plaint schedule properties. She has stated that the properties belonged to her mother and she has 1/8th share in the suit properties. Petitioner is the sister of the 1st respondent and she made an application under Order 7 Rule 11 CPC seeking rejection of the plaint contending that the plaint does not disclose cause of action for the reason that her mother had executed a will in her favour. The said will was probated also.
2. The trial court rejected the application giving the reason that an issue has been framed for proving the will and that defendant no.5 i.e., the petitioner has to prove the execution of the will.
3. The petitioner may have obtained probate. The probate is issued if the execution of the will is proved, even after issuance of probate if suspicious circumstances surrounding the execution of the will are established, the will is liable to be rejected. Looked in this view, I do not find that the trial court has committed an error in dismissing the application filed under Order 7 Rule 11(a) CPC. The petition is devoid of merits. It is dismissed.
Sd/- JUDGE sd