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2025 DAILYLAW 73039 (KAR)

VENKATALAKSHMAMMA @ LAKSHMI RAJAPPA v. MASTER SHRESHT P

CRP/511/2025 · 2025-10-10

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40064 CRP No. 511 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 511 OF 2025 (IO) BETWEEN: 1. VENKATALAKSHMAMMA @ LAKSHMI RAJAPPA W/O. LATE G. RAJAPPA, AGED ABOUT 67 YEARS, 2. PRADEEP G. R., S/O. LATE G. RAJAPPA, AGED ABOUT 45 YEARS 3. SANDEEP G.R., S/O. LATE G. RAJAPPA, AGED ABOUT 42 YEARS. ALL ARE RESIDENTS OF NO.562, 20TH MAIN, 36TH CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU - 560 041 …PETITIONERS (BY SRI. ARUN GOVINDRAJ, ADVOCATE) AND: 1. MASTER SHRESHT P S/O. PRADEEP G.R. AGED ABOUT 14 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40064 CRP No. 511 of 2025 SINCE MINOR - REP. BY MOTHER DIVYA R. A., R/AT NO.7, 1ST CROSS, 1ST MAIN, 1ST FLOOR, ABOVE SYNDICATE BANK, ATMANANDA COLONY, SULTANPALYA, R. T. NAGAR POST, BENGALURU - 560 032. …RESPONDENT (BY SRI. G.R. MOHAN, ADVOCATE) THIS CRP FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 26.03.2025 PASSED ON I.A.NO.6 IN OS.NO.26236/2018 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU, DISMISSING THE I.NO.6 FILED UNDER ORDER 7 RULE 11 (a) AND (d) READ WITH SECTION 151 OF CPC, FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri. Arun Govindraj, learned counsel for the petitioner and Sri. G.R. Mohan, learned counsel for the respondents. 2. After hearing the arguments for some time, Sri. G.R. Mohan files a memo, which reads as under: - 3 - HC-KAR NC: 2025:KHC:40064 CRP No. 511 of 2025 "The undersigned counsel for the above named respondent most humbly submits that the plaintiff/respondent herein does not press the claim in respect of item No.1 of the suit schedule and according same may be permitted to be deleted from the plaint schedule. Hence this memo." 3. Placing the memo on record, suit claim with regard to Item No.1 of the suit property needs to be rejected by rejecting the plaint in part by allowing the application filed under Order VII Rule 11 of the Code of Civil Procedure by the Defendants in respect of Item No.1 of the suit property as it is the self acquired property of father of defendants No.1 to 3 Sri. Rajappa, who got the said property by BDA allotment. 4. Since the suit is in advance stage and trial has already commenced, uninfluenced by the findings recorded by the Trial Judge in the impugned order, suit shall be adjudicated in accordance with law in respect of items No.2 to 4. - 4 - HC-KAR NC: 2025:KHC:40064 CRP No. 511 of 2025 5. With the above observations, the Revision Petition stands disposed off. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 26