CHANDRAPPA Vs. NARAYANAPPA

JUDGEMENT

(1.) This Regular First Appeal is filed aggrieved by the order on I.A.No.3 dtd. 8/4/2025 passed by the Principal Senior Civil Judge and JMFC, Anekal in O.S.No.88/2018 ('trial Court' for short), rejecting the plaint under Order VII Rule 1 of the Code of Civil Procedure, 1908. ('CPC' for short).

(2.) We have heard Shri. S. Srivatsa, learned senior counsel as instructed by Shri. S Kalyan Basavaraj, learned counsel appearing for the appellant and Shri. B.S Raghuprasad, learned counsel appearing for respondents No.14 to 17, 27 and 28.

(3.) The suit was filed seeking partition and separate possession of suit schedule property land bearing Sy.No.28 measuring to an extent of 7 acres 14 guntas situated at Yadavanahalli Village, Attibele Hobli, Anekal Taluk. The plaintiff contended that Agadoorappa and his wife Sakamma had six children. The plaintiff is the son of Thore Sallappa, the eldest of Agadoorappa and Sakamma. It was contended that defendants No.1 to 11 and the plaintiff constitute an Undivided Hindu Family and that the plaintiff is entitled for partition and separate possession of 1/4th share out of 1/6th share in suit schedule property and to declare that the sale deeds dtd. 21/9/1992, 6/2/1995 (8 in number), 13/12/1995 (2 in number) and 2/2/2005 (4 in number) are null and void.