K. PAVITHRA Vs. M. KUMAR

JUDGEMENT

(1.) This appeal is filed by the plaintiffs under Order XLI Rule 1 of Civil Procedure Code challenging the order dtd. 1/6/2019 passed by the XII Additional City Civil Judge, Bengaluru City, in O.S.No.2266/2014, whereby the plaint has been rejected under Order 7 Rule 11 of Civil Procedure Code. Consequently, the suit is also dismissed.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the trial court.

(3.) The brief facts of the case are that the plaintiffs are the daughter and son of defendant No.1. Defendant Nos. 2 to 9 are the subsequent purchasers of the suit schedule property. One Kumarappa was the propositus of the family and he died leaving behind two sons by name Munishamappa and Muniyappa. Munishamappa died without any issues and Muniyappa died leaving behind his only son, i.e., defendant No.1. Plaintiff Nos. 1 and 2 are the daughter and son of defendant No.1 through his wife Nirmala. The said Munishamappa and Muniyappa purchased the suit schedule property under the registered sale deed dtd. 6/7/1969. The said property was purchased out of the joint family nucleus and as such the suit schedule property is a joint family property amenable for partition. Munishamappa and first defendant have sold 6 guntas each of the land to defendant No.2 under a registered sale deed dtd. 17/9/2003.