- 1 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 755 OF 2025 (IO) BETWEEN: 1. SMT RATHNAMMA D/O LATE NANJAPPA AND BETTAMMA, W/O KONDAPPA, AGED ABOUT 65 YEARS, RESIDING AT NAGANAYAKANAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 561 235 …PETITIONER (BY SRI. ABHINAV V., ADVOCATE FOR SRI. KASHYAP N. NAIK, ADVOCATE) AND: 1. SMT. PAPAMMA AGED ABOUT 76 YEARS, D/O. LATE BETTAPPA. 2. SRI. KONDAPPA, S/O LATE BETTAPPA, AGED ABOUT 57 YEARS, 3. SMT. NEELAMMA, D/O KONDAPPA, AGED ABOUT 42 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 4. SRI. NAGESH, S/O KONDAPPA, AGED ABOUT 38 YEARS, 5. SMT. YELLAMMA, D/O KONDAPPA, AGED ABOUT 38 YEARS, 6. SMT. MANJULA, D/O KONDAPPA, AGED ABOUT 36 YEARS, 7. SRI. MUNIYELLAPPA, S/O LATE BETTAPPA, AGED ABOUT 70 YEARS, 8. SRI. CHANDRAPPA, S/O MUNIYELLAPPA, AGED ABOUT 50 YEARS, 9. SMT. MANJULA D/O MUNIYELLAPPA, AGED ABOUT 46 YEARS, 10. SMT. HAMSAVENI, D/O MUNIYELLAPPA, AGED ABOUT 44 YEARS 11. SRI. SHIVAKUMAR, AGED ABOUT 42 YEARS, S/O MUNIYELLAPPA, 12. SRI. BALASUBRAMANYA, AGED ABOUT 62 YEARS, S/O LATE BETTAPPA, - 3 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 13. SMT. TEJASWINI, AGED ABOUT 37 YEARS, D/O BALASUBRAMANYA, 14. SRI. AJAY, AGED ABOUT 35 YEARS S/O BALASUBRAMANYA, 15. SMT. MALLAMMA, AGED ABOUT 52 YEARS W/O LATE BETTAPPA, 16. SRI. PUTAPPA @ MUNIYAPPA, AGED ABOUT 86 YEARS S/O LATE CHIKKA MUNIYAPPA, 17. SMT. YELLAMMA, AGED ABOUT 65 YEARS W/O PUTTAPPA @ MUNIYAPPA, 18. SRI. SUBRAMANI, AGED ABOUT 62 YEARS, S/O PUTTAPPA @ MUNIYAPPA, 19. SRI. SANDEEP, AGED ABOUT 37 YEARS, S/O SUBRAMANI, 20. SMT. SUPRIYA, AGED ABOUT 35 YEARS, D/O SUBRAMANI, 21. SRI. DEVARAJU, AGED ABOUT 57 YEARS, S/O PUTTAPPA @ MUNIYAPPA, - 4 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 22. SMT. MANUSHA, AGED ABOUT 34 YEARS, W/O DEVARAJU, 23. SRI. CHARAN RAJ, AGED ABOUT 32 YEARS, S/O DEVARAJU, 24. SMT. RAJAMMA, AGED ABOUT 46 YEARS, D/O PUTTAPPA @ MUNIYAPPA, 25. SRI. SHANKAR, AGED ABOUT 44 YEARS, S/O PUTTAPPA @ MUNIYAPPA, 26. SMT. ROOPA, AGED ABOUT 42 YEARS, W/O SHANKAR, 27. SRI. MUNIVENKATAPPA, AGED ABOUT 74 YEARS, S/O PUTTAPPA @ MUNIYAPPA, 28. SMT. KANTHAMMA @ BABY, AGED ABOUT 52 YEARS, W/O MUNIVENKATAPPA, 29. SRI. RAVI KUMAR, AGED ABOUT 50 YEARS, S/O MUNIVENKATAPPA, 30. SMT. PARVATHAMMA, AGED ABOUT 57 YEARS, D/O MUNIVENKATAPPA, - 5 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 31. SRI. SHIVA KUMAR, AGED ABOUT 36 YEARS S/O MUNIVENKATAPPA, 32. SMT. SUNITHA, AGED ABOUT 32 YEARS, W/O SHIVA KUMAR, 33. SMT. BETTAMMA AGED ABOUT 70 YEARS, D/O LATE CHIKKA MUNIYAPPA, 34. SRI. VENKATA KRISHNA, AGED ABOUT 55 YEARS, S/O N.C. MUNIYAPPA, 35. SRI. RAJENDRA, AGED ABOUT 35 YEARS, S/O N.C. MUNIYAPPA, 36. SMT. BHAGYAMMA, AGED ABOUT 33 YEARS, D/O N.C. MUNIYAPPA, 37. SRI. BHARATH, AGED ABOUT 31 YEARS, S/O N.C. MUNIYAPPA, 38. SMT. MANGALAMMA AGED ABOUT 48 YEARS, D/O LATE CHIKKA MUNIYAPPA, 39. SMT. SUMITHRA, AGED ABOUT 46 YEARS, D/O LATE RAGHAVAMMA, - 6 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 40. SMT. DEEPA, D/O LATE RAGHAVAMMA, AGED ABOUT 34 YEARS 41. SRI. MANJUNATHA, AGED ABOUT 32 YEARS, S/O LATE RAGHAVAMMA, 42. SRI. N. SOMASHEKAR REDDY, AGED ABOUT 52 YEARS, S/O C NARAYANA REDDY, 43. SRI. ROSHAN KUMAR MEHTHA, AGED ABOUT 42 YEARS, S/O M.S. MEHTA, 44. SRI. G. GUNDAPPA, AGED ABOUT 97 YEARS, S/O LATE N PAPPAIAH 45. SRI. A.R. NAGARAJU, AGED ABOUT 67 YEARS, S/O A.G. RAMAIAH REDDY, RESPONDENTS NO.1 TO 45 ARE R/AT NAGANAYAKANAHALLI VILLAGE KASABA HOLI, ANEKAL TALUK BENGALURU URBAN DISTRICT. 46. M/S. SANJEEVINI BLUE METAL, REP. BY R. VENUGOPAL AND P. MALLIKARJUNA, 47. M/S KHIVRAJ MOTORS, REP. BY R.L. JAIN, - 7 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 RESPONDENTS NO.46 AND 47 ARE HAVING OFFICE AT NAGANAYAKANAHALLI VILLAGE KASABA HOLI, ANEKAL TALUK BENGALURU URBAN DISTRICT. 48. SRI. N.H.R. PRASAD REDDY, AGED ABOUT 64 YEARS, SON OF N H SHIVA REDDY, R/AT NAGANAYAKANAHALLI VILLAGE KASABA HOLI, ANEKAL TALUK BENGALURU URBAN DISTRICT. 49. SRI. ABDUL RAZAK A.B., S/O AMIN SAB, AGED ABOUT 54 YEARS, RESIDING AT SHAH COLONY, BEHIND HEAD POST OFFICE, BADAMI TALUK, BAGALKOTE DISTRICT. 50. SRI. E.N. SURENDRA REDDY, S/O LATE K.M. NARAYANA REDDY, AGED ABOUT 67 YEARS, RESIDING AT NO. 109, 17TH C MAIN, 5TH BLOCK, KORAMANGALA, BENGALURU - 560 095. 51. SRI. G. GUNDAPPA, AGED ABOUT 87 YEARS, S/O LATE N. PAPAIAH 52. SRI. A.R. NAGARAJU, AGED ABOUT 77 YEARS, SON OF A.G. RAMAIAH REDDY, - 8 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 53. SRI. B.T. NAGARAJA REDDY, AGED ABOUT 58 YEARS, SON OF B N THIMMA REDDY, RESPONDENTS NO.51 TO 53 ARE R/AT NAGANAYAKANAHALLI VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. …RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 28.07.2025 PASSED ON I.A.NO.14 IN OS.NO.1277/2023 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, PARTLY ALLOWING THE I.A. FILED UNDER ORDER 7 RULE 11 (A) AND (d) OF CPC, READ WITH SECTION 6(1) OF HINDU SUCCESSION ACT, 2005. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri. Abhinav V. for the counsel for petitioner. 2. Office has raised the objection with regard to the maintainability of the revision petition. - 9 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 3. The Order under challenge is allowing the application filed by the defendant under Order VII Rule 11 of the Code of Civil Procedure in part. 4. Plaintiff is aggrieved by the rejection of the plaint in part insofar as few of the defendants and few of the properties mentioned in the schedule to the plaint. 5. Rejection of the plaint par takes the nature of decree, which is appeallable under Section 96 of the Code of the Civil Procedure. 6. Therefore, revision petition is not maintainable and accordingly dismissed. 7. However, dismissal of the Civil Revision Petition on the question of maintainability shall not come in the way of the plaintiff exhausting his remedy in an appropriate proceedings. - 10 - HC-KAR NC: 2025:KHC:41126 CRP No. 755 of 2025 8. Period spent in this Revision Petition shall be excluded under Section 14 of the Limitation Act in respect of the appropriate proceedings to be initiated by the plaintiff. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 5