- 1 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1316 OF 2023 (INJ) BETWEEN: 1. SMT. L . DEVAKUMARI , W/O. SRI. SHIVASHANKARAIAH, D/O. LATE B.N. LAKSHMAIAH, AGED ABOUT 72 YEARS, 2. SMT. ANNAPURNA. B.S. D/O. SMT. L. DEVAKUMARI, W/O. SRI. VENKATESH, AGED ABOUT 46 YEARS, 3. SMT. ANURADHA S. D/O. SMT. L. DEVAKUMARI. W/O. SRI. CHANDRASHEKAR. B.S. AGED ABOUT 45 YEARS, 4. SMT. CHANDRAKALA. D.S. D/O. SMT. L. DEVAKUMARI, W/O. SRI. PUTTASWAMY, AGED ABOUT 43 YEARS, APPELLANTS NO.1 TO 4 ARE R/AT NO. 336/1, 8TH I CROSS, 14TH MAIN, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE- 560 040. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 5. SRI. L. MOHAN, S/O LATE B.N. LAKSHMAIAH, AGED ABOUT 69 YEARS, R/AT NO. 336/1, 8TH I CROSS, 14TH MAIN, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE- 560 040. 6. SRI. L. MAHADEVAIAH, S/O LATE B.N. LAKSHMAIAH, AGED ABOUT 60 YEARS, R/AT NO. 336/4, 8TH I CROSS, 14TH MAIN, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE- 560 040. 7. SMT. L. VIJAYALAKSHMI, D/O LATE B.N. LAKSHMAIAH, AGED ABOUT 55 YEARS, ARE R/AT NO. 336/2, 8TH I CROSS, 14TH MAIN, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE - 560 040. 8. SRI. GIRISHKUMAR, S/O LATE B.N. LAKSHMAIAH, AGED ABOUT 52 YEARS, ALL ARE R/AT NO. 336/3, 8TH I CROSS, 14TH MAIN, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE- 560 040. …APPELLANTS (BY SRI. P. D. SURANA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 AND: 1. SMT. PUTTAMMA, W/O. LATE. SUBBANNA, SINCE DEAD BY LRS R2 AND R3 2. SRI. CHANDRA, S/O. LATE SUBBANNA, AGED ABOUT 34 YEARS, 3. SRI. DEVARAJ @ JANA, S/O. LATE SUBBANNA, AGED ABOUT 29 YEARS, 4. SRI. MUTHURAJ, S/O. SRI. NANJAPPA AGED ABOUT 29 YEARS, R1 TO R4 ARE R/AT. NO.8/14, NANJAMMA COMPOUND, 2ND CROSS, ATTIGUPPE, BANGALORE - 560 040 5. SMT. JAYAMMA, W/O. LATE NARASIMHA MURTHY, AGED ABOUT 64 YEARS 6. SRI. PANDURANGA, S/O. LATE NARASIMHA MURTHY, AGED ABOUT 44 YEARS 7. SRI. JAYANTH, S/O. SRI. PANDURANGA, AGED ABOUT 24 YEARS 8. SRI. LAKSHMANA, S/O. LATE PUTTASWAMAPPA, - 4 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 AGED ABOUT 64 YEARS 9. SMT. PARVATHI, W/O. SRI. LAKSHMANA, AGED ABOUT 54 YEARS 10. SMT. NAGAMMA, D/O. SRI. LAKSHMANA, AGED ABOUT 34 YEARS 11. SRI. MOHAN, D/O. SRI. LAKSHMANA, AGED ABOUT 32 YEARS 12. SRI. GURU, S/O. SRI. LAKSHMANA, AGED ABOUT 30 YEARS 13. SMT. SARASWATHI, W/O. SRI. LAKSHMANA, AGED ABOUT 44 YEARS 14. SRI. NAGARAJ @ NAGA, S/O. SRI. LAKSHMANA, AGED ABOUT 24 YEARS 15. SRI. GURU, S/O. SRI. LAKSHMANA, AGED ABOUT 23 YEARS 16. SRI. RAJU, S/O. SRI. NAGARATHNA, AGED ABOUT 32 YEARS 17. SMT. MANJULA, W/O. SRI. KRISHNAPPA, AGED ABOUT 46 YEARS - 5 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 18. SRI. KESHAVA, S/O. SRI. KRISHNAPPA, AGED ABOUT 26 YEARS 19. SRI. BHARATH, S/O. SMT.MANJULA, AGED ABOUT 24 YEARS R5 TO R19 ARE R/AT NO.7/2, 3RD CROSS, NEAR NARASIMHASWAMY TEMPLE, ATTIGUPPE, BANGALORE - 560 040. …RESPONDENTS (BY SRI. C.M. NAGABHUSHANA, ADVOCATE FOR R8, R13 AND R14; V/O. DTD.14.08.2023, NOTICE TO R2 TO R7, R9 TO R12, R15 TO R18 IS DISPENSED WITH; V/O. DTD. 03.07.2024, R1 DIED R2 AND R3 ARE LRS OF R1; V/O. DTD. 01.04.2025, NOTICE TO R19 IS DISPENSED WITH) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC , AGAINST ORDER DATED 15.03.2023 PASSED ON I.A IN OS No. 9366/2019 ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, DISMISSING THE IA FILED UNDER ORDER 7 RULE 11 R/W SECTION 151 OF CPC FOR REJECTION OF PLAINT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal by the plaintiffs in O.S.No.9366/2019 on the file of the XXXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-33) is directed against the impugned order - 6 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 dated 15.03.2023 passed by the Trial Court, whereby the application filed by respondent Nos.1, 8, 13 and 14 - defendants 1, 8, 13 and 14 for rejection of plaint under Order VII Rule 11 of the CPC was allowed by the Trial Court, which proceeded to reject the plaint and consequently, dismissed the suit. 2. Heard the learned counsel for the appellants, learned counsel for respondent Nos.8, 13 and 14 and perused the material on record. 3. A perusal of the material on record will indicate that the appellants/plaintiffs instituted the aforesaid suit against the respondents/defendant Nos.1, 8, 13 and 14 for permanent injunction and other reliefs in relation to suit schedule immovable properties. The respondents/defendant Nos.1, 8, 13 and 14 have filed the instant applications and contested the suit and also sought for rejection of the plaint. The said applications for rejection of the plaint having been contested / opposed by the appellants - plaintiffs, the Trial Court proceeded to pass the impugned order allowing the application and - 7 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 rejecting the plaint and consequently, dismissing the suit by passing the impugned order, which is assailed in the present appeal. 4. In the present appeal, the appellants have filed two applications in I.A.No.1/2023 for permission to produce additional documents and I.A.No.1/2025 for permission to produce additional documents. The said applications have been vehemently opposed by the respondents. 5. Though several contentions have been urged by both sides in support of their respective claims, it is a matter of record and undisputed fact that the documents produced along with I.A.No.1/2023 and I.A.No.1/2025 were not available before the Trial Court while considering the rival contentions. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contention and in order to provide one more opportunity to both parties to put forth their rival contentions and also to enable the Trial Court to consider the additional evidence / documents produced by the appellants - plaintiffs in the present appeal, I deem it just and appropriate to set aside the impugned order and remit the matter back to - 8 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 the Trial Court for reconsideration of the applications filed by the appellants under Order VII Rule 11 of the CPC afresh in accordance with law by leaving open all contentions. 6. In the result, I pass the following: ORDER (i) The appeal is hereby allowed. (ii) The impugned order dated 15.03.2023 passed by the XXXIII Additional City Civil and Sessions Judge, Bengaluru (CCH-33), is hereby set aside. (iii) The application - I.A.No.1/2023 is hereby allowed and documents are received on record. (iv) The application - I.A.No.1/2025 is hereby allowed and documents are received on record. (v) Registry to transmit both I.A.No.1/2023 and I.A.No.1/2025 along with the documents to the Trial Court for reconsideration afresh in accordance with law. - 9 - HC-KAR NC: 2025:KHC:53768 RFA No. 1316 of 2023 (vi) The matter is remitted back to the Trial Court for reconsideration afresh in accordance with law. (vii) The parties to appear on 12.01.2026 without awaiting further notice from the Trial Court. (viii) The Trial Court is directed to reconsider the application filed by the respondents under Order VII Rule 11 of the CCP after providing reasonable and sufficient opportunity to both the parties and pass appropriate orders in accordance with law. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contention. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK CT-SG List No.: 1 Sl No.: 43