GOWRAMMA Vs. A.KRISHNAPPA

JUDGEMENT

(1.) The trial court by its order dated 22.07.2015 on I.A.No.2 filed under Order 7 Rule 11(d) in O.S.No.2725/2010 rejected the plaint of the appellant. Aggrieved by the said order, the plaintiff has preferred this appeal.

(2.) The appellant brought the suit for partition against her brothers i.e., the respondents in this appeal, in respect of three pieces of agricultural lands described in the plaint schedule. She pleaded that all the plaint schedule lands belonged to the joint family consisting of herself and the respondents. She claimed to be in joint possession of the said lands with the respondents. Very specifically she pleaded that the defendants 1 and 2 colluded with each other in coming into being of a registered partition deed dated 23.05.2002. The said partition deed does not bind her interest as it was brought into existence without her knowledge and consent. Therefore she sought to declare the said partition deed as not binding on her and to effect partition in the plaint schedule property for carving out her 1/3rd share.

(3.) The respondents filed the written statement as also an application under Order 7 Rule 11 (d) of CPC to reject the plaint as the suit is barred according to Section 6(5) of the Hindu Succession Act, 1956 (Amended Act of 2005).