N. NAGARAJU Vs. SAVITHRAMMA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the petitioners and the learned counsel for respondent Nos.1 to 4.

(2.) This petition is filed challenging the order dtd. 5/1/2023 passed on I.A.No.4 in O.S.No.4753/2021, on the file of the XVI Additional City Civil and Sessions Judge, Bengaluru, dismissing the application filed under Order 7 Rule 11(a) and (d) read with Sec. 151 of CPC, wherein a prayer was made to reject the plaint.

(3.) The main contention of defendant Nos.1 to 5 in the said application is that already there was a registered partition effected between the parents and the brothers in the year 2001 i.e., on 13/12/2001 and as on that date, the daughters were not having any right. Apart from that, they are the signatories to the document as witnesses and they were aware of the same and hence there is no cause of action and the suit is barred by law.