CHANNE GOWDA Vs. ASHA

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the petitioner.

(2.) This petition is filed against the order dtd. 17/3/2023, passed on I.A.No.5, in O.S.No.178/2015, on the file of the Senior Civil Judge and JMFC, Sira, rejecting the application filed under Order 7 Rule 11(a) and (d) read with Sec. 151 of CPC, wherein it is contended that there is no cause of action for the suit and the same is hit by Sec. 6 of the Hindu Succession Amendment Act, 2005 since there is already a partition between defendant Nos.1 and 2 i.e., on 29/10/2004 and the same is also barred by Article 110 of the Limitation Act as the same is effected prior to cut off date 20/12/2004.

(3.) The plaintiffs appeared and filed the statement of objection contending that they came to know about the registered partition recently when a demand was made to partition the property and defendant Nos.1 and 2 colluded with each other and created illegal partition deed dtd. 29/10/2004. The plaintiffs are entitled for a share in the said property and whether they are entitled for share or not, is a mixed question of fact and law. The Trial Court considered the grounds urged in the application and the statement of objection since they have invoked Order 7 Rule 11(a) and (d) of CPC i.e., whether the suit discloses the cause of action or whether the suit is barred by law.