SUDHA NATARAJ Vs. MAHESH B. S.

JUDGEMENT

(1.) The petitioner - defendant No. 5 is in civil revision, challenging the order dtd. 23/8/2022, passed by Senior Civil Judge and JMFC, Sakleshpur in O.S No. 10/2017, whereby the Trial Court below has dismissed the application for rejection of plaint in a suit instituted by the respondent-plaintiff for partition and consequential relief of separate possession of share of suit properties. Additionally, the plaintiff has sought a declaration that any alienation made by defendants No.1 and 2 of such joint family and coparcenary properties forming part of the suit schedule property, is not binding on the respondent- plaintiff.

(2.) A perusal of records indicates that the respondent- plaintiff and defendants No.1 - to 3 are the children of Late Shri B Shantappa and Smt Lalithamma; defendants No. 4 and 5 are the wives of defendants No.1 and 2, respectively. Furthermore, the suit schedule properties mentioned as Schedules 'a', 'b' and 'c' properties are acquisitions of the deceased B Shantappa, however, schedule 'd' properties were acquired subsequent to the demise of the latter, in the names of the members of the joint family, but out of the joint family nucleus.

(3.) It is further relevant to observe that the plaintiff has filed an application under Order 6, Rule 17 of CPC , 1908 seeking to amend the plaint so as to include a challenge to the validity of partition deed dtd. 22/9/2015, gift deed dtd. 16/1/2015 - executed by the late mother of the plaintiff in favour of the unarrayed son of the defendant No. 1, and the gift deed dtd. 20/10/2009 - executed by the plaintiff in favour of the defendant No. 2, in lieu of a will supposedly executed by the defendant No. 2 in favour of the the plaintiff, which was subsequently alleged to have been deceitfully cancelled.