B. SUMITHRA RAO Vs. SNEHA

JUDGEMENT

(1.) This Revision Petition is filed by the defendant Nos.13, 15, 16, 20, 21, 23, 24 and 25 in O.S.No.4017/2017 pending trial before the LII Additional City Civil and Sessions Judge, Bangalore (henceforth referred to as 'Trial Court') challenging the correctness of the order dtd. 28/7/2021, by which, the applications filed by these petitioners under Order VII Rules 11(b) and (d) r/w Sec. 151 of CPC were rejected.

(2.) The suit in O.S.No.4017/2017 was filed for partition and separate possession of the plaintiffs alleged share in the suit schedule properties. The plaintiffs claim that defendant No.1 being their father had utilized the nucleus of the joint family and the accretion from the joint family, to purchase the suit properties and had unilaterally sold portions thereof to various defendants. The plaintiffs claim that they were not bound by the transactions brought about by defendant No.1 as they possessed undivided right, title and interest in the suit properties and hence sought enforcement of their share.

(3.) The petitioners being defendant Nos.13, 15, 16, 20, 21, 23, 24 and 25 contested the suit and also filed a contemporaneous applications under Order 7 Rule 11 (b) and (d) r/w Sec. 151 of CPC contending that the suit was not properly valued and also that the suit was barred by the law of limitation. They also contended that the plaintiffs did not have cause of action to file the suit, as the properties purchased by them were the self-acquisition of defendant No.1, where the plaintiffs did not have any right, title or interest.