NANJUNDASWAMY AND ORS. Vs. VEKATASWAMAPPA AND ORS.

JUDGEMENT

(1.) THIS revision petition is filed by defendants 4, 5 and 9 challenging the order dated 17.03.2010 passed by the learned City Civil Judge, Bengaluru City, dismissing the application filed by them under Order VII Rule 11 CPC seeking rejection of the plaint filed in O.S. No. 7355/2005.

(2.) PLAINTIFFS /respondents 9 to 14 herein have filed the suit seeking partition of the suit schedule properties and for allotment of 1/6th share to plaintiffs 1 to 4, 1/6th share each to plaintiffs 5 & 6 and for separate possession. Plaint averments disclose that plaintiffs 1 to 4 and defendants 1 to 3 are descendants of one late Munivenkata Bhovi and constituted Hindu undivided joint family. According to the plaintiffs though descendants of Munivenkata Bhovi were living and messing separately, they continued to enjoy the joint family properties together and it was defendants 1 to 3 who were managing the affairs of the joint family and thus plaintiffs and defendants 1 to 3 were in joint possession of the joint family properties. According to them, joint family properties include land measuring 3 acres 20 guntas in Sy. No. 76/1, re -numbered as Sy. No. 76/2 situated at Nagavara Village, Kasaba Hobli, Bengaluru North Taluk, which is described as 'A' Schedule property to the plaint. The revision petitioners herein are concerned with 'A' schedule immovable property.

(3.) IT is further contended by the plaintiffs that late Karibasappa S/o. Dairy Rudrappa and his family were the financiers who used to take mortgage deeds from late Munivenkata Bhovi in respect of joint family properties and advance loans to Munivenkata Bhovi and his family members; out of trust and faith many a time, Munivenkata Bhovi used to create deeds such as Mortgage or Sale Deeds in respect of joint family properties especially regarding Sy. No. 76/2 (Old No. 76/1) and used to get the same released or re -conveyed, after clearing the dues to the financiers.