- 1 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 441 OF 2024 (IO) BETWEEN: 1. S C SATHYANANDA SWAMY S/O LATE S B CHANNAMALLAPPA AGED ABOUT 57 YEARS 2. SMT SUCHETHANA W/O S C SATHYANANDA SWAMY AGED ABOUT 53 YEARS BOTH PETITIONERS ARE RESIDING AT 2ND CROSS, P G LAYOUT, MARALURU TUMAKURU- 572105 3. SMT NALINA W/O H G UDAYARAVI AGED ABOUT 45 YEARS R/O HONNUDIKE- 572122 TUMAKURU TALUK AND DISTRICT …PETITIONERS (BY SRI. VIJAYAKUMAR S C.,ADVOCATE) AND: 1. PRERANA P CHETAN D/O P G CHETAN AGED ABOUT 29 YEARS 2. SUJAYA W/O P G CHETAN AGED ABOUT 58 YEARS Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 BOTH RESPONDENTS 1 AND 2 ARE R/AT FLAT G D, BYSANI ENCLAVE, NO 32, SHANKAR MATH ROAD, BASAVANAGUDI BENGALURU- 560 004 3. SRUTHI MADHUKAR W/O MADHUKAR D/OLATE P S GOVINDARAJU AGED ABOUT 59 YEARS, NO 2661, 17TH CROSS, 8TH B MAIN ROAD, BANASHANKARI, 2ND STAGE, BENGALURU- 560 070 4. P S PRAKASH S/O LATE P G SRINIVASASHETTY AGED ABOUT 86 YEARS R/AT NO 39, FLAT NO 16, 39/16, S- 22, KABINI APARTMENTS, 19TH B MAIN, 1ST BLOCK, RAJAJINAGAR, BENGALURU- 10 5. P S BADARINATH S/O LATE P G SRINIVASASHETTY AGED ABOUT 84 YEARS R/AT FLATNO. 301, SAI PAVITHARAS LUXURIA 503, 1ST CROSS, 6TH PHASE, 6TH BLOCK, HOSAKEREHALLI, BANASHANKARI, 3RD STAGE, BENGALURU - 62 6. P S VISWANATH S/O LATE P G SRINIVASA SHETTY AGED ABOUT 77 YEARS 7. P S NAGARAJ S/O LATE P G SRINIVASA SHETTY AGED ABOUT 70 YEARS - 3 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 BOTH RESPONDENTS 6 AND 7 R/AT LAKSHMI NIVASA, 3RD MAIN ROAD, GANDHI NAGAR, TUMAKURU- 572 101 8. SMT VIJAYA PRABHAKAR K D/O LATE P G SRINIVASA SHETTY W/O LATE KADNUR PRABHAKAR AGED ABOUT 81 YEARS, R/AT NO.46, RAMA MANIDRA ROAD, TIPTUR - 572101 TUMAKURU DISTRICT 9. SMT SATYA PREMA W/O RADHAKRISHNA D/O LATE P G SRINIVASA SHETTY AGED ABOUT 79 YEARS R/AT NO.2906, 14TH A CROSS, BANASHANKARI, 2ND STAGE, BENGALURU- 70 10. SMT GAYATHRI W/O LATE M DAYANANDA D/O LATE P G SRINIVASA SHETTY AGED ABOUT 74 YEARS R/AT NO 408/A SRI GANDHA 24TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU - 70 11. SMT NALINI W/O K L MOHAN MAJOR R/AT NO.3, 1ST B CROSS, 32ND MAIN BANASHANKARI 3RD STAGE, BENGALURU- 69 12. SMT VANITHA W/O P S SRINIVASA, MAJOR, R/AT NO 187, SHANKAR NIVAS, - 4 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 25TH CROSS, JAYANAGARA 3RD BLOCK, BENGALURU- 560 041 13. MALATHI W/O M V SRINIVAS AGED ABOUT 74 YEARS R/AT NO E-12, HEMAVATHI COLONY, KUNIGAL ROAD, TUMAKURU- 572 105 14. NANJUNDAIAH S/O LATE THIMMAIAH AGED ABOUT 82 YEARS, R/AT MARALURU VILLAGE, KASABA HOBLI, TUMAKURU 572105 15. S P RANGANATH S/O S V PUTTASWAMY SHETTY, AGED ABOUT 62 YEARS, R/AT HEBBUR- 572120 TUMAKURU TALUK AND DIST 16. Y MOHAMMED ILIAS S/O LATE MOHANNED YAKUB SAB, AGED ABOUT 62 YEARS 17. FARAZANA BEGUM W/O Y MOHAMMED ILIAS AGED ABOUT 55 YEARS 18. Y MOHAMMED YAHYA S/O LATE MOHAMMED YAKUB SAB, AGED ABOUT 67 YEARS 19. ZABEEN TAJ W/O Y MOHAMMED YAHYA AGED ABOUT 48 YEARS R/AT C/O SYED AMEER, SYED MANJIL, - 5 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 2ND FLOOR, OPP SARVODAYA COLLEGE, R T NAGAR, 1ST CROSS, TUMAKURU 572103 20. SYED RIZWAN ULLA S/O SYED NOORULLA, AGED ABOUT 55 YEARS, R/AT MOHAMMEDDEN BLOCK, 1ST CROSS, SADASHIVANAGAR, TUMAKURU 572104 21. R VENUGOPAL S/O G RAMAIAH AGED ABOUT 51 YEARS, R/AT GURURAJA NILAYA, 8TH CROSS ROAD, 1ST MAIN ROAD, SS PURAM, TUMAKURU- 572102 22. SMT SRIMALA AGED ABOUT 57 YEARS 23. K P VIJAYALAKSHMI W/O K PRABHAKAR AGED ABOUT 81 YEARS 24. K P PRAVEEN S/O K R PRABHAKAR AGED ABOUT 61 YEARS 25. K P BALAJI S/O K R PRABHAKAR AGED ABOUT 56 YEARS, 26. K P SAMPATH S/O K R PRABHAKAR AGED ABOUT 51 YEARS RESPONDENTS 22 TO 26 ARE R/AT NO 10, RAMAMANDIRA ROAD, TIPTUR 572201. TUMAKURU DIST - 6 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 27. SMT R NANJAMMA W/O S NAGARAJU, AGED ABOUT 53 YEARS, R/AT SRIRAMA NILAYA, 4TH MAIN ROAD, 1ST CROSS, SADASHIVANAGAR, TUMAKURU- 572105 28. SMT. MEGHASHREE W/O K P BALAJI, AGED ABOUT 55 YEARS, R/AT 393, C-LAYOUT BANNIMANTAPPA, MYSURU- 570 002. 29. K S SHANMUGHA W/O K B SHIVALINGAIAH AGED ABOUT 70 YEARS, RA/T KAGGERE VILLAGE, BELLAVI HOBLI- 572 107 TUMAKURU TQ AND DISTRICT 30. T CHANDRASHEKARA SHETTY S/O ALTE DHANAKOTI SHETTY AGED BOAUT 86 YEARS, R/AT MANJUNATHA NILAYA, 6TH CROSS, EDGA MOHALLA, KUNIGAL ROAD, TUMAKURU- 572 102 31. T K MAMATHA D/O LATE KUMARASWAMY AGED AOBUT 51 YEARS R/AT SRI KAMADENU NILAYA, 6TH CROSS, VINOBHANAGAR, TUMAKURU- 572101. 32. HANUMANTHAIAH S/O RAMAIAH R/AT HETTANAHALLI-572123 - 7 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 GULURU HOBLI, TUMAKURU TQ AND DIST. 33. C S SHIVALINGA S/O R RENUKAPPA AGED ABOUT 66 YEARS R/AT HONNEBHAGI 572214 CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT 34. SMT SUMA SANJAY W/O SANJAY SHAMANUR P AGED ABOUT 57 YEARS R/AT NO.49/2, SRIVARUNI, 2ND MAIN ROAD, YADAVAGIRI, MYSURU- 570 003. 35. T G NAGAMANI W/O JANARDHAN AGED ABOUT 61 YEARS R/AT CHIKPET CIRCLE, NEAR KARANJI TEMPLE, CHIKPET, TUMAKURU 572102 36. C P SUNDARESH S/O PUTTANANJAIAH AGED ABOUT 56 YEARS CHIKKANARAVANGALA BELLAVI HOBLI 572107 TUMAKURU DISTRICT 37. G S NIRMALA W/O H R MOHAN KUMAR AGED ABOUT 66 YEARS R/AT RASHMI STORES K H ROAD MADHUGIRI- 572132 TUMAKURU DISTRICT. 38. T K MAMATHA W/O H R MOHAN KUMAR - 8 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 AGED ABOUT 60 YEARS R/AT SRI VASAVI TEXTILES, HEBBUR- 572 120 TUMAKURU TALUK AND DISTRICT 39. POOJITHA PRAKASH W/O K R PRAKASH AGED ABOUT 41 YEARS R/AT NO.10 RAMAMANDIRA ROAD TIPTUR 572201 TUMAKURU DISTRICT 40. SMT VIJAYAMANYAM W/O K R SUBRAMANYAM AGED ABOUT 41 YEARS R./AT NO.150 SRI HARIKRUPA TIPTUR 572201 TUMAKURU DISTRICT 41. CHAITHRA PRAVEEN W/O S BETTEPATHI AGED ABOUT 46 YEARS, R/AT NO.17, 50TH CROSS ROAD SACHIDANANDA NAGAR, RMV 1ST STAGE, BENGALURU 04 42. SMT MEENA W/O K R PRAVEEN AGED ABOUT 56 YEARS R/AT NO.10 RAMAMANDIRA ROAD TIPTUR 572201 TUMAKURU DISTRICT 43. PRATHIBHA HARIPRASAD W/O HARIPRASAD AGED ABOUT 73 YEARS R/AT GANGANILAYA CSI LAYOUT TUMAKURU 572101 44. S P NATARAJ S/O S PANCHAKSHARIAH, AGED ABOUT 73 YEARS, - 9 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 R/AT GANGANILAYA, CSI LAYOUT, TUMAKURU- 572101. 45. SAIPRASAD M S/O MADUSUHAN SETTY, AGED ABOUT 56 YEARS, R/AT NO. 26, 5TH CROSS, JYOTHI MANSION, MALLESHWARAM, BENGALURU -03. 46. N L GOPALAKRISHNA SHETTY S/O NRL SHETTY, AGED ABOUT 83 YEARS, R/AT BALABHAVANA COMPLEX, VINAYAKA XEROX, M G ROAD, TUMAKURU- 572101. 47. SMT VIDHYA P B W/O P B BADRINATHA, AGED ABOUT 54 YEARS, R/AT FLAT NO. 301, SAI PAVITHARAS S LUXURIA, 503, 1ST CROS, 6TH PHASE, 6TH BLOCK, HOSAKEREHALLI, BANASHANKARI 3RD STAGE, BENGALURU 62. 48. C S VIJAYAKUMAR S.I SINAKUBGAIAH, AGED ABOUT 63 YEARS, R/AT 7TH CROSS, VIDHYANAGAR, TUMAKURU - 572103. 49. Y MOHAMMED YOUNIS S/O LATE MOHAMMED YAKUB SAB, AGED ABOUT 70 YEARS, 50. VASIA W/O Y MOHAMMED YOUNIS AGED ABOUT 59 YEARS, R/AT C/O SYED AMEER, SYED MANJIL, - 10 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 2ND FLOOR, OPP SARVODAYA COLLEGE, R T NAGAR, 1ST CROSS TUMAKURU - 572103 51. SMT K PADMA W/O SRINIVASA M G, AGED ABOUT 60 YEARS, R/AT MALLASANDRA 572107, TUMAKURU TQ AND DIST. 52. SYED RIZWAN ULLA S/O SYED NOORULLA, AGED ABOUT 51 YEARS, R/AT MOHAMADDEN BLOCK, 1ST CROSS, SADASHIVANAGAR, TUMKURU- 572 103. 53. S P CHIDANANDA S/O LATE PUTTASWAMY S R, AGED ABOUT 61 YEARS, R/AT SPOORTHI DEVELOPERS, 1ST CROSS, C T EXTENSION, TUMAKURU- 572102 54. SMT TANUJA W/O MUNIYAPPA, D/O A M JAYARAMU, AGED ABOUT 54 YEARS, R/AT NO. 247, 10TH MAIN, 18TH CROSS, WILSON GARDEN, BENGALURU 27. 55. N D VINAYAKA S/O N M DAYANAND, AGED ABOUT 39 YEARS, NONAVINAKERE- 572224, TIPTUR TALUK, TUMAKURU DISTRICT. 56. CHIKKAGANANNA S/O RANGAYYA, - 11 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 AGED ABOUT 85 YEARS, R/AT RANGANATHASWAMY NILAYA, RAGHAVENDRA NAGAR, TUMAKURU - 572103. 57. C SURESH S/O B CHANDRASHEKARA SETTY, AGED ABOUT 57 YEARSM R/AT MANJUNATHANILAYA, 6TH CROSS, IDGAH MOHALLA, KUNIGAL ROAD, TUMAKURU - 572102. 58. T G KISHORE S/O T CHANDRAPPA, AGED ABOUT 49 YEARS, R/AT CHANDRODAYA, BEHIND, SIDDARAMANNA HOSPITAL, 2ND CROSS, GANDHINAGAR, TUMAKURU - 572101. 59. KEMPANNA S/O LATE RANGASWAMAIAH, AGED ABOUT 90 YEARS, R/AT KUMARAKRUPA, P G LAYOUT, NEAR SSIT COLLEGE, MARALURU, TUMAKURU - 572105. 60. NANJUNDAPPA S/O MALLAPPA AGED ABOUT 76 YEARS R/AT SHANTHI NAGAR KUNIGAL ROAD, TUMAKURU 572103 61. PUTTASWAMAIAH S/O MAREGOWDA AGED ABOUT 67 YEARS KARENAHALLI VILLAGE HEBBUR HOBLI TUMKAURU TQ AND DIST - 12 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 62. K LOHITH S/O S KESHWMURTHY AGED ABOUT 50 YEARS R/AT 5TH CROSS ROAD ASHOKNAGAR TUMKURU 572103 63. K BHARATH S/O S KESHWAMURTHY AGED ABOUT 50 YEARS R/AT 5TH CROSS ROAD ASHOKNAGAR TUMKURU 572103 64. M N NARASIMHA MURTHY S/O LATE M S NANJUNDA NAIK AGED ABOUT 81 YEARS R/AT RADHAKIRSHNA ROAD SOMESHWARPURA EXTENSION TUMAKURU 572101 …RESPONDENTS THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 4.03.2023 PASSED ON IA NO.31 IN OS NO.217/2013 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, TUMAKURU., DISMISSING THE IA NO.31 FILED UNDER ORDER 7 RULE 11(a) OF CPC., FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 13 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri.Vijayakumar S. C., learned counsel for the revision petitioners. This Court did not deem it fit to issue notice to the respondents having regard to the issue to be trashed out in this revision petition. 2. Present revision petition is filed by defendant Nos.49, 50 and 19 who are the purchasers of suit items of the property from the firm of which defendant No.1 is a partner. 3. Plaintiffs’ claim that suit properties are the joint family properties. Therefore, alienation made by the firm of which defendant No.1 is a partner would not bind them and sought for their legitimate share in the suit properties. They claim so in the suit in OS No.217/2013. 4. Cause of action paragraph in the plaint is at paragraph No.5 of the plaint which reads as under: - 14 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 “That the cause of action for the suit arose about three months back when the de No.1 denied to allot plaintiffs legitimate share in the suit schedule properties at Tumkur within the jurisdiction of this Hon’ble Court.” 5. The above revision petitioners, after filing the written statement, filed the application under Order VII Rule 11 of Code of Civil Procedure (hereinafter ‘CPC’ for short) stating that there is no cause of action for the suit. 6. Learned Trial Judge after entertaining the objections of the plaintiffs in respect of the said application, by impugned order rejected the same. 7. Being aggrieved by the same, aforesaid defendants are before this Court in this revision. 8. Sri.Vijayakumar S. C., learned counsel for the revision petitioners reiterating the grounds urged in the revision petition vehemently contented that the petitioners are the bonafide purchasers of the properties and suit filed by the plaintiffs is a collusive suit only with malafide - 15 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 intention to defeat the rights of the present defendants and therefore, the plaint in respect of the properties purchased by the aforesaid revision petitioners ought to have been rejected. 9. In the light of the arguments put forth on behalf of the revision petitioner, this Court perused the material on record, meticulously. 10. On such perusal of the material on record, it is crystal clear that defendant No.1 being the partner of a firm, said to have sold the suit properties in favour of the present revision petitioners. 11. Whether the present revision petitioners are bonafide purchasers of the properties for value or not cannot be decided while entertaining the application under Order VII Rule 11 of CPC. 12. It is a mixed question of law and fact and requires evidence. If ultimately these defendants are unnecessarily impleaded in the suit and they have been - 16 - HC-KAR NC: 2025:KHC:42676 CRP No. 441 of 2024 made to face the litigation unnecessarily, defendants should be entitled for costs including the exemplary costs as is contemplated under Section 35 and 35A of CPC. 13. With that liberty for the revision petitioners, this Court is of the considered opinion that the revision grounds are not sufficient to annul the well reasoned impugned order. 14. Hence, following: ORDER i. Revision petition is dismissed. ii. However, the revision petitioners are entitled to urge all favourable points in the pending suit in accordance with law. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 2 Sl No.: 48