IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR CIVIL REVISION PETITION No.143/2015 BETWEEN:
1. Sri B M Kempanna s/o late Muninanjappa aged about 73 years.
2. Sri M Narayana Swamy s/o late Muninanjappa aged about 69 years.
3. Smt.H Manjulamma @ Manjula, w/o late Munirajappa Aged about 42 years.
4. Sri M Ramakrishnappa s/o late Muninanjappa aged bout 53 years.
All are r/a Near Milk Diary Budhigere village & Post Channarayapatna Hobli Devanahalli Taluk – 562 110 Bangalore Rural District. … Petitioners (By Sri N S Bhat, Advocate) AND:
1. Smt.Lakshmamma d/o late Muninanjappa aged about 71 years R/a No.2/62, V S T Road, Lingarajapuram Bangalore-560 084.
2. Smt.M Yashodamma d/o late Muninanjappa aged about 58 years r/a No.496/1, Sapthagiri Nilaya, 11th Cross, II Main Vinayakanagar, Annasandra Palya Extension, Vimanapura Post, Bangalore-560017.
3. Smt.Sarojamma d/o late Muninanjappa Aged about 75 years r/o No.74, Next to Deepa Bakery, Oil Mill Road, Arvindanagar Bangalore – 560 084.
4. Smt.Munirathnamma w/o Kempanna aged about 68 years.
5. Sri Ramesh s/o B M Kempanna aged about 45 years.
6. Smt.Radha, w/o Ramesh Daughter-in-law of B M Kempanna Aged about 38 years.
7. Sri Vijayakumar s/o B M Kempanna aged about 43 years.
8. Smt.Sharadamma w/o Vijayakumar aged about 37 years Daughter-in-law of B M Kempanna Aged about B M Kempanna.
9. Sri Sridhara s/o B M Kempanna aged about 40 years.
10. Smt.Preethi, w/o Sridhara Daughter-in-law of B M Kempanna Aged about 35 years.
11. Sri Babu s/o B M Kempanna Aged about 38 years.
12. Smt.Sujatha d/o B M Kempanna Aged about 32 years.
13. Smt.Shanthamma w/o M Narayanaswamy aged 52 years.
14. Smt.Navyarani Daughter of late M Munirajappa Aged about 22 years.
15. Smt.Rathnamma w/o Ramakrishnappa Aged about 48 years.
16. Sri Naveena s/o Ramakrishnappa aged about 31 years.
17. Smt.Sridevi d/o Ramakrishnappa Aged about 29 years.
18. Smt.Nandini d/o Ramakrishnappa aged about 29 years.
Respondents No.4 to 18 are r/a near Milk Dairy, Budhigere village & Post Channarayapattana Hobli, Devanahalli Taluk-562110 Bangalore Rural District.
19. Sri B Shivasubramanyan s/o B Balasubramanyam aged about 55 years r/a No.5, Paramount Regency, Flat No.3 & 4 Kacharakanahalli, St.Thomas Post, Hennur Main Road Bangalore-560 84.
20. Smt.Hemalatha w/o C Sathyanarayana Aged about 37 years r/a Munishwara Temple Street, Zakkuru, Yelahanka Hobli, Bangalore-560064.
21. Smt.Bhagya, w/o Shivanna Aged about 27 years r/o No.199, Government School, Near Water Tank 5th Cross, 2nd Main, Zakkuru Yelahanka Hobli, Bangalore – 560 064.
22. Smt.Bhopal Singh s/o Ganga Singh Aged about 29 years r/a No.43, Sumith Complex Udayanagara, Bangalore – 560 016.
23. Sri Mahendra Singh s/o Raysingh aged about 25 years r/a C-151, 2nd Cross 1st Main, Robertson Block Ramachandrapura Bangalore-560 021.
24. Sri G Surendra Singh s/o Guide Singh Aged about 22 years r/o No.4, 2nd Cross K K Lane, Cubbonpet Bangalore-560 053.
25. Sri Yogesh, s/o Umraw Sharma, aged about 90 years r/a No.1, Khata Site No.285 Horamavu village, K R Puram Hobli, Bangalore-16.
26. Smt.Savitha, w/o Rajendra Aged about 31 years R/a No.229/5, 5th Cross Near Ganesha Temple Horamavu Agara Bangalore-560 043.
27. Jagadish Kumar s/o Sri Hapuramji Aged about 27 years r/a c/o.Sugunlal House No.45/1, Krishnappa Layout, 8th Cross, RHB Colony Mahadevapura Post Bangalore-560 048.
28. Sri Utham Singh s/o Jaisingh aged about 48 years R/a No.81, Thotadevara Lane, Cottonpet Bangalore-560 053.
29. Sri Vishveshwara Sah s/o Bhola Sah aged about 47 years r/a No.415, Asha Nivas 11th Cross, Near CMC Office Vighuthipura, Bangalore – 560 037.
30. Sri Amith Bhansali s/o late Anand Bhansali aged about 35 years r/a No.204, Cubbonpet Main Road, Opposite Chalukya Upahara, Bangalore-560 002.
31. Sri Ganapath Singh Rathore s/o Hukum Singh Rathore Aged about 41 years r/a No.19, Sri Sai Complex 3rd Floor, 1st Cross Jummamasjid Road Bangalore-560 002.
32. Sri Bhagavan Ram s/o Pokar Ramji Aged about 33 years r/a No.402/3B Veerabhadranagara Near Vighuthipura Main Road, Marathahalli Post Bangalore-560 037.
33. Sri Pularam, s/o Buraram Ramji, Aged about 33 years r/a No.76, MBP Market 3rd Floor, Balappa Lane CT Street Cross Bangalore-560 002.
34. Smt.Nirmala Shrivastava w/o Prakash Shrivastava aged about 36 years r/a No.28A, 1st Floor ‘Manjunatha Nilaya’ 15th Cross, Nagavarapallya C V Raman nagara Post Bangalore-560 093.
35. Mrs.Rita Kumari d/o R D Mishra Aged about 38 years r/a No.Plot No.81 Jeevan Meadows Apartments 2nd Floor, Byrasandra Main Road, Behind Bagmane Tech Park, G M Palya, New Thippasandra Post Bangalore – 560 075.
36. Mr.Azizul Khan s/o Haiyl Ali Khan Aged about 32 years r/a Flat No.402 ‘Srinidhi Residency’ Basavanapura Main Road Bangalore-560 087.
37. Sri Neki Ram, s/o Bhagawatiprasad r/a No.1, Khata Site No.785, Horamavu village K R Puram Hobli, Bangalore.
38. Sri Sanjay Bera s/o Manoranjan Bera Aged about 32 years r/a No.20, 2nd Floor 1st Cross, Jumma Maszid Road, Bangalore-560 002.
39. Sri Shyam Sundar Singh s/o late Thirtharaj Singh aged about 38 years r/a No.53, Opposite to Newton Public School Behind Shalini Bar & Restaurant, Chamundinagar R T Nagar Post, Bangalore – 560 032.
40. Mr.Qaisar Ali, s/o Mzahar Ali Aged about 39 years r/a No.RB III054, Railway Station, Shivajingar Jalgaon, Maharastra, India.
41. Sri Nimal Charan Bhunia s/o Krishna Pada Bhunia aged about 29 years D House, Papamma Lane K R Shettypet, Bangalore – 560 002.
42. Sri Pushpendra Kumar s/o Babulal Ham aged about 40 years r/a No.G-4, Jagath Premier Residency Marathalli, Bangalore – 560 037.
43. Sri Manvinder Singh s/o Bhupinder Singh aged about Major r/o. Flat No.2, S V Nivas 1st A Cross, Kaggadasapura C V Raman Nagar Post Bangalore-560 093.
44. Sri Prahalad Singh s/o Govind Singhji Aged about 36 years R/a No.101, Basement Floor, Avenue Plaza Shop No.14, Avenue Road Canara Bank Building Bangalore – 560 002.
45. Sri Rajendra Singh, s/o Madan Singh Aged about 29 years r/a No.17, Ananda Bhavan Udayanagara, Bangalore – 560 053. ... Respondents (By Sri N J Ramesh, Advocate for R1 & R2, Sri M S Shyamasundar, Advocate for R2, v/o dated 2.2.2017 notice to R3 to R45 dispensed with) This CRP is filed under Section 115 of CPC against the judgment and decree dated 23.1.2015 on IA.II passed in OS No.102/2014 on the file of the Senior Civil Judge & JMFC at Devanahalli, dismissing the IA No.II filed under Order 7 Rule 11(a) and (d) and read with Section 151 of CPC.
This petition is coming on for admission this day, the Court made the following ORDER With the consent of learned counsel for both sides, though the matter is listed for admission, the same is takenup for final disposal.
2. This revision petition arises out of the impugned judgment and order dated 23.1.2015 on I.A.II passed in OS No.102/2014 by the Senior Civil Judge & JMFC at Devanahalli rejecting the application in I.A.II filed by the petitioners under Order 7 Rule 11(a) and (d) read with Section 151 of CPC for rejection of the plaint.
3. The respondents No.1 and 2 instituted a suit in OS No.102/2014 for partition and separate possession of their alleged share in the suit schedule properties and for other reliefs. It is not in dispute that both respondents No.1 and 2/plaintiffs are daughters of late Muninanjappa, who died on 28.8.1993 and late Smt.Gowramma, who died on 23.9.2012. It was contended by respondents No.1 and 2/plaintiffs that they and their sister, defendant No.1-Smt.Sarojamma and defendant No.2-B M Kempanna were entitled to legitimate share in the suit schedule properties and others were legal representatives of late Muninanjappa and late Smt.Gowramma.
4. In the Court below, the petitioners herein, who were arrayed as defendants in the suit, filed written statement urging various contentions in support of their defence and sought for dismissal of the suit. The 1st petitioner/defendant No.2, B M Kempanna filed an application in I.A. under Order 7 Rule 11(a) and (d) read with Section 151 of CPC praying for rejection of the plaint. The said application having been rejected by the impugned order, defendant No.2 in the suit has preferred this revision petition.
5. I have heard the learned counsel for the petitioners and the learned counsel for the respondents No.1 and 2.
6. Though the several submissions are made by the learned counsel for the petitioners as well as the learned counsel for respondents No.1 and 2 with regard to their claim and counter claim to the estate of late Muninanjappa and late Smt.Gowramma in the Court below which comprise in the suit schedule properties, I deem it appropriate to dispose of this revision petition leaving open all rival contentions between the parties including the contentions raised by both sides in the suit, pleadings as well as I.A.No.II and the statement of objections filed by the contesting respondents. Therefore, without expressing any opinion on merit of the rival contentions put forth by the petitioners herein and respondents No.1 and 2 as well as their other contentions in the suit, this revision petition is disposed of. The Trial Court shall dispose off the suit on merits after giving equal opportunity to all parties without being influenced by the impugned order on I.A.No.II dated 23.1.2015 passed by the Court below.
Sd/- JUDGE Bkm