D.N. BHAGYA Vs. D.A. MALLIKARJUNA

JUDGEMENT

(1.) This petition under Sec. 115 of Code of Civil Procedure is filed challenging the order dtd. 6/1/2018 passed on IA.16 in Original Suit No.1 of 2010 by the Senior Civil Judge and JMFC, Shidlaghatta, rejecting the application filed under Order VII Rule 11(a) and (d) of the Code of Civil Procedure.

(2.) The respondents 1 to 6 herein have filed the suit in Original Suit No.1 of 2010 seeking the following reliefs:

(3.) The petitioners-defendants filed an application under Order VII Rule 11 Code of Civil Procedure to reject the plaint stating that the plaintiffs are claiming ownership on the basis of the adoption deed, which has already been negated by the jurisdictional Civil Court in Original Suit No.46 of 1993 and O.S.No.90/1960, and the same has attained finality. The plaintiffs filed objections to the said application. The Trial Court dismissed the application stating that the material available on record, prima facie, established that the plaintiffs' father was declared as adopted son of Chikkabasappa and Nanjamma in OS No.90/1960, and OS No.46/1993, the suit was dismissed holding that the plaintiffs' father was not the adopted son of Chikkabasappa and Nanjamma. Therefore, there is a dispute with regard to the question of facts and law, and that can be decided only after trial.