P.BHOOPAL Vs. P.GOVINDAPPA

JUDGEMENT

(1.) This appeal is filed by the plaintiff in O.S. No.6484/2012, challenging the order dtd. 20/6/2023 on the file of the XXIV Additional City Civil and Sessions Judge, Bengaluru (for short, 'Trial Court'), wherein the application filed by defendants 1 and 2 under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint came to be allowed culminated in dismissal of the suit.

(2.) A perusal of the material on record will indicate that the appellant/plaintiff is none other than the brother of defendants 1 and 2, all of them being the children of late Munipovanna. Defendants 3 to 22 are said to be the alienees in relation to the suit schedule properties in respect of which, the appellant/plaintiff instituted the aforesaid suit for partition and separate possession of his alleged share in the suit schedule properties comprising of plaint 'A', 'B' and 'C' schedule properties. The said suit was contested by respondents 1 and 2 herein, who not only filed the written statement but also an application under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint inter alia contending that there was a earlier suit in O.S.No.4430/1987 between the appellant, respondents 1 and 2 and other relatives of late Munipoovanna, which culminated in an order dtd. 13/11/2006 passed in S.L.P. No.17889/2006 and consequently, the entire branch of Munipoovanna having lost their alleged share in the suit schedule properties, the question of present plaintiff once again reagitating his claim in the instant suit does not arise.

(3.) The said application having been opposed by the appellant/plaintiff, the Trial Court came to the conclusion that, in the light of the earlier round of litigation between the appellant and respondents 1 and 2 on one hand and the remaining relatives of Munipoovanna on the other hand having attained finality in O.S. No.4430/1987 and confirmed in R.F.A. No.268/2003 dtd. 30/6/2006 and S.L.P. No.17889/2006 dtd. 13/11/2006, the present suit is not maintainable since neither the appellant nor the respondents 1 and 2 have any right, title, interest or possession over the suit schedule property. Being aggrieved by the impugned order passed by the Trial Court, allowing the application filed by the defendants 1 and 2 under Order VII Rule 11 of the Code of Civil Procedure for rejection of plaint, the appellant/plaintiff is before this Court by way of present appeal.