NARASIMHA MURTHY Vs. MALLESH

JUDGEMENT

(1.) The present appeal has been filed seeking to challenge the judgment and decree dtd. 24/2/2023, in O.S.No.424/2022, passed by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as the 'Impugned Judgment'). By the Impugned Judgment, a suit filed for partition and declaration was dismissed by the learned Trial Court under Order VII Rule 11 (a), (b) and (d) of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'), holding that the plaint does not disclose any cause of action and the suit has been filed with insufficient Court fees and is barred by limitation.

(2.) Briefly, the facts of the case are that a suit was filed by the appellants/plaintiffs seeking relief of 1/5th share and partition by metes and bounds in the suit schedule property, being agricultural land bearing Survey No.52, measuring to an extent of 47 acres, situated at Kattugollahalli village, Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru Bounded on (hereinafter referred to as the 'suit schedule property'):

(3.) It was averred in the suit that one Pandit Narasimhaiya is the predecessor-in-interest of the family of the appellants/plaintiffs and defendants No.1 to 5, had two wives. The first wife had one child and the second wife had seven children. The appellants/plaintiffs were stated to be the grandchildren of the said Pandit Narasimhaiya, being the son of his son Ramaiah. It was stated that the appellants/plaintiffs and defendants Nos.1 to 5 are members of a Hindu Undivided Joint Family.