MANIPAL UNIVERSITY Vs. RAMANJINAPPA H

JUDGEMENT

(1.) The ninth defendant in OS No. 5079/2007 on the file of the XXIV Additional City Civil and Sessions Judge, Bengaluru (CCH No. 6) (for short, 'the Civil Court') has filed this petition calling in question the order dated 05.03.2015. The suit in OS No. 5079/2007 is filed by the first respondent for declaration that he is the absolute owner of the land measuring 6 acres and 11 guntas in Survey No. 8 of Govindapura Village, Yelahanka Hobli, Bangalore North Taluk (for easy reference, 'the subject property') and for declaration that the sale deeds dated 10.05.1986 and 06.09.1988 are non-est. The petitioner, who is subsequently impleaded as the ninth defendant along with other defendants, has filed application under Order VII rule 11(a) and (d) of the Code of Civil Procedure, 1908 (for short, 'CPC') for rejection of the plaint, and the Civil Court by the impugned order dated 05.03.2015 has rejected the application.

(2.) The parties to the proceedings, for reasons of convenience, are referred to as they are arrayed before the Civil Court. The controversy is between the plaintiff and the ninth defendant, and the other defendants though served have remained unrepresented. The plaint averments which are material for the purposes of the present petition are mentioned first as they give an effective backdrop for the question that arises for consideration.

(3.) A certain Sri. Doddanarasimaiah purchased the subject property under the sale deed dated 12.09.1936 and on his demise, his two sons, Sri Muniswamappa and Sri Hutchappa, succeeded to the subject property. They partitioned the subject property and the other properties left behind by Sri Doddanarasimaiah under the registered partition deed dated 08.12.1946. In this partition, the subject property was allotted to Sri Hutchappa's share. Sri Hutchappa died leaving behind his only son, Sri Ramanjinappa who was married to Smt. Honnamma. Sri Ramanjinappa died in the year 1958 leaving behind his wife and daughter, Smt. Honnamma and Smt. Ashwathamma.