D.V. DEVENDRANATH Vs. M.D.LALITHA

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the petitioners and learned counsel for the respondents.

(2.) The petitioners have filed this revision petition challenging the order dtd. 17/9/2022 passed on I.A.No.2 in O.S.No.4646/2020 on the file of the LXVIII Additional City Civil and Sessions Judge, Bengaluru City, rejecting I.A.No.2 filed under Order 7, Rule 11 read with Sec. 151 to dismiss the suit on the ground that there is no cause of action to file a suit for the relief of partition and also for cancellation of the relinquishment deed.

(3.) Learned counsel for the petitioners would vehemently contend that three sisters have executed the relinquishment deed on 16/10/2015 and also executed a rectification deed on 20/10/2015 and legal representatives of other sister also executed relinquishment deed and when they have executed the relinquishment deed in favour of the defendants, there is no cause of action and the suit is filed in the year 2020 and the document was executed in the year 2015 itself and hence, the suit is barred by limitation. Hence, prayed the Trial Court to reject the plaint.