H.J. JAMEEL AHMED Vs. RAJ KUMAR

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for R1 to R3(a) and R4 to R6, the learned counsel appearing for R7 and the learned counsel appearing for R12.

(2.) In this revision petition, the petitioner/defendant No.8 has assailed the order passed by the Trial Court in rejecting the application filed under Order 7, Rule 11(d) of CPC vide order dtd. 19/8/2019 passed in O.S.No.7252/2012 on the file of LXXV Additional City Civil Judge, Bengaluru (CCH- 76).

(3.) The defendant No.8 had filed an application under Order 7, Rule 11(d) read with Sec. 151 of CPC contending that there was a family partition among the wife, children of Late B.L. Surappa on 11/5/1983. In the said partition, the mother of plaintiff Nos.1, 2 and other plaintiffs, the husband of defendant Nos.1, 5 & 6 were all parties to the said partition deed. They have taken their respective portion. Therefore, defendant Nos.2 to 4 released their share out of their portion in 'C' schedule property in favour of defendant No.1. Defendant No.1 in turn executed the registered Sale Deed in favour of defendant No.7. The said defendant No.7 got transferred all the revenue records in his name and executed the sale deed in favour of this defendant and he is put in possession of the said property. As there is already a partition, the suit for partition is not maintainable.