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2026 DAILYLAW 39177 (KAR)

SHRI. R VENKATASWAMY REDDY v. SMT. R SARASWATHI

CRP/801/2025 · 2026-09-08

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL REVISION PETITION NO. 968 OF 2025 (IO) C/W CIVIL REVISION PETITION NO. 801 OF 2025 (IO) IN CRP No. 968/2025 BETWEEN: 1. SHRI. K. SRINIVASA MURTHY S/O LATE B.V. KRISHNA REDDY AGED ABOUT 56 YEARS R/AT NO.64/65, B.V.R. COMPLEX, NEAR BUS STAND, DODDABANASAWADI BANGALORE -560 043 2. SMT. AMMAYAMMA W/O LATE B.V. KRISHNA REDDY AGED ABOUT 80 YEARS R/AT NO.64/65, B.V.R. COMPLEX, NEAR BUS STAND, DODDABANASAWADI BANGALORE - 560 043 3. SMT. VENKATALAKSHMI W/O SHRI NYATHA REDDY AGED ABOUT 63 YEARS RESIDING AT HONGASANDRA VILLAGE BEGUR HOBLI BANGALORE SOUTH TALUK Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 4. SMT. MANJULA W/O SHRI. RAVI KUMAR AGED ABOUT 62 YEARS R/AT DODDA NAGAMANGALA VILLAGE BEGUR HOBLI BANGALORE SOUTH TALUK 5. SMT. SUJATHA W/O LATE CHANDRASHEKAR SINCE DEAD BY HER LRS 5(A) LAKSHMI.C, D/O LATE CHANDRASHEKAR AGED ABOUT 34 YEARS RESIDING AT KAGGADASAPURA BANGALORE-560 093 6. SHILPA.C, D/O LATE CHANDRASHEKAR AGED ABOUT 30 YEARS, RESIDING AT KAGGADASAPURA BANGALORE-560 093 7. SMT. RUKMINI W/O SHRI. SOMASHEKAR AGED ABOUT 58 YEARS RESIDING AT NO.64/65, B.V.R. COMPLEX, NEAR BUS STAND, DODDABANASAWADI BANGALORE-560 043 8. SMT. CHANDRAKALA W/O SHRI CHANDRASHEKAR REDDY AGED ABOUT 52 YEARS RESIDING AT MARATHHALLI BANGALORE EAST, BENGALURU-560 037. …PETITIONERS (BY SMT.B.UMA, ADVOCATE FOR SRI.T.N.SRINIVASA REDDY, ADVOCATE) - 3 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 AND: 1. SMT. R. SARASWATHI W/O M. VENKATASWAMY REDDY AGED ABOUT 69 YEARS RESIDING AT DODDAKANNELLI VILLAGE BANGALORE SOUTH TALUK. 2. SHRI. R. VENKATASWAMY REDDY JO LATE B.V. RAMASWAMY REDDY. SINCE DEAD BY HIS LRS. SMT KOMALA, S/O LATE VENKATASWAMY REDDY AGED ABOUT 63 YEARS 3. SMT. SHWETHA W/O LATE MANJUNATHA REDDY AGED ABOUT 21 YEARS 4. DHRUVAN REDDY .M 5/O LATE MANJUNATHA REDDY AGED ABOUT 39 YEARS. R 2 TO R4 ARE R/AT NO.64/65, B.V.R. COMPLEX NEAR BUS STAND, DODDABANASAWADI BANGALORE-560 043 5. SRI. MURALI V., S/O LATE R. VENKATASWAMY REDDY AGED ABOUT 42 YEARS, R/AT NO.84/2, LAKSHITH PROPERTIES, FLAT NO.502, NEAR PRAGATHI BADMINTON ACADEMY, JAYANTHI NAGAR MAIN ROAD, HORAMAVU, BENGALURU-560 113 6. SRI. SANTHOSH .V, S/O LATE R. VENKATASWAMY REDDY - 4 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 AGED ABOUT 38 YEARS, R/AT AISHWARYA PRIME ROSE, ANUBHAVA PROMOTERS BUILDERS- DEVELOPERS, III CROSS, NEAR RASHI DIAGNOSTICS, BEHIND BALDWIN SCHOOL, BENGALURU-560 043 7. SHRI. BABU REDDY S/O LATE B.V. RAMASWAMY REDDY AGED ABOUT 75 YEARS R/AT NO.64/65, B.V.R. COMPLEX NEAR BUS STAND, DODDABANASAWADI BANGALORE-560 043 8. SMT. CHINNAMMA W/O P. GOPALA KRISHNA REDDY AGED ABOUT 76 YEARS RESIDING AT CHELKERE BANGALORE -560 043 9. SMT. GUNAMMA D/O LATE B.V. RAMASWAMY REDDY AGED ABOUT 73 YEARS R/AT NO.64/65, B.V.R. COMPLEX, NEAR BUS STAND, DODDABANASAWADI BANGALORE-560 043 10. SMT. R. SHANTHA W/O C. CHANDRA REDDY AGED ABOUT 71 YEARS RESIDING AT MARONADENALLI HOSKOTE TALUK BANGALORE DISTRICT-562 114 11. SMT. R. SUSHEELA W/O A. NAGARAJA REDDY AGED ABOUT 69 YEARS RESIDING AT APPAREDDY PALYA - 5 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 K.R. PURAM HOBLI BANGALORE-560 036 12. SMT. R. ANUSUYA W/O N. BHASKAR REDDY AGED ABOUT 64 YEARS RESIDING AT NO. 10, 1ST CROSS, YESHWANTHAPURA BANGALORE -560 022 13. SMT. VENKATAMMA W/O KRISHNA REDDY AGED ABOUT 80 YEARS RESIDING AT MATADAHALLI BANGALORE-560 032 14. SRI. L. UMESH S/O C. LAKSHMAIAH AGED ABOUT 49 YEARS RESIDING AT NO.85, 4TH MAIN, GM PALYA, NEW TIPPASANDRA BANGALORE-560 075 15. SMT. ROOPA W/O SHRI RAVI AGED ABOUT 43 YEARS RESIDING AT NO.390, J.R. LAYOUT 1ST CROSS, CHELLEKERE, KALYANANAGAR POST BANGALORE-560 043 16. SMT. Y. SUVARANA W/O G. YESU D/O LATE B.V. KRISHNA REDDY AGED ABOUT YEARS, RESIDING AT NO.64/65 BVR COMPLEX, NEAR BUS STAND, DODDABANASAWADI, BENGALURU -560 043 - 6 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 17. J.L. PRASAD S/O VEERA RAGHAVAIAH AGED ABOUT 74 YEARS RESIDING AT NO.1140 1ST CROSS, 13TH MAIN NEAR GARDEN SCHOOL H.A.L. 2ND STAGE BENGALURU - 560 008 …RESPONDENTS (BY SRI.YESHU BABU R. MISHRA, ADVOCATE FOR C/R1) THIS CRP FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 23.09.2025 PASSED ON IA NO.39 IN OS NO.1474/2005 ON THE FILE OF XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE., BENGALURU., DISMISSING THE IA NO.39 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC., FOR REJECTION OF PLAINT. IN CRP NO. 801/2025 BETWEEN: 1. SHRI. R VENKATASWAMY REDDY S/O LATE B.V.RAMASWAMY REDDY SINCE DEAD BY HIS LRS SMT.KOMALA W/O LATE VENKATASWAMY REDDY AGED ABOUT 63 YEARS 2. SMT.SHWETHA W/O LATE MANJUNATH REDDY AGED ABOUT 39 YEARS - 7 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 3. SRI.DHRUVAN REDDY M S/O LATE MANJUNATH REDDY AGED ABOUT 21 YEARS RESIDING AT NO.64/65, B V R COMPLEX NEAR BUS STAND, DODDABANASAWADI BENGALURU-560 043 4. SRI SANTHOSH V S/O LATE MANJUNATH REDDY AGED ABOUT 38 YEARS, AISHWARYA PRIME ROSE ANUBBHAVA PROMOTERS BUILDERS DEVELOPERS, 3RD CROSS, NEAR RASHI DIAGNOSTICS BEHIND BALDWIN SCHOOL BANGALORE-560 043 5. SHRI BABU REDDY S/O LATE B.V.RAMASWAMY REDDY AGED ABOUT 60 YEARS RESIDING AT NO.64/65, B.V.R.COMPLEX, NEAR BUS STAND, DODDABANASAWADI BENGALURU-560 043 ...PETITIONERS (BY SRI. VIJAYA SHEKARA GOWDA V., ADVOCATE) AND: 1. SMT. R.SARASWATHI W/O M.VENKATASWAMY REDDY AGED ABOUT 54 YEARS RESIDING AT DODDAKANNELLI VILLAGE BENGALURU SOUTH TALUK BENGALURU-68 2. SMT MURALI V., - 8 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 S/O LATE MANJUNATH REDDY AGED ABOUT 37 YEARS NO.84/2, LAKSHITH PROPERTIES FLAT NO.502, NEAR PRAGHATHI BADMINTON ACADEMY JAYANTHI NAGAR MAIN ROAD, HORAMAVU BENGALURU-43 3. SMT. CHINNAMMA W/O P GOPALA KRISHNA REDDY AGED ABOUT 61 YEARS, RESIDING AT CHELKERE BENGALURU-560 043 4. SMT.GUNAMMA D/O LATE B.V.RAMASWAMY REDDY, AGED ABOUT 58 YEARS, R/AT NO.64/65, B V R COMPLEX, NEAR BUS STAND, DODDABANASAWADI BENGALURU-560 043 5. SMT R.SHANTHA W/O C.CHANDRA REDDY AGED ABOUT 56 YEARS RESIDING AT MARONADENALLI HOSKOTE TALUK BENGALURU DISTRICT-562 114 6. SMT R.SUSHEELA W/O. A.NAGARAJA REDDY, AGED ABOUT 54 YEARS, RESIDING AT APPAREDDY PALYA, K.R. PURAM HOBLI, BENGALURU-36 7. SMT. R. ANASUYA, W/O. N. BHASKAR REDDY, AGED ABOUT 49 YEARS, - 9 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 RESIDING AT NO.10, 1 CROSS, YESHWANTHAPURA, BENGALURU-560 022 8. SMT. VENKATAMMA W/O. KRISHNA REDDY, AGED ABOUT 65 YEARS, RESIDING AT MATADAHALLI, BENGALURU-32 9. SHRI. K. SRINIVASA MURTHY S/O. LATE. B.V. KRISHNA REDDY, AGED ABOUT 36 YEARS, R/AT NO.64/65, B.V.R. COMPLEX, NEAR BUS STAND, DODDABANASAWADI, BENGALURU-560 043 10. SMT. AMMAYAMMA, W/O. LATE. B.V. KRISHNA REDDY, AGED ABOUT 65 YEARS, R/AT NO.64/65, B.V.R. COMPLEX, NEAR BUS STAND, DODDABANASAWADI, BENGALURU-560 043 11. SMT. VENKATALAKSHMI, W/O. SHRI NYATHA REDDY, AGED ABOUT 47 YEARS, R/AT HONGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU-560 068 12. SMT. MANJULA, W/O. SHRI. RAVI KUMAR, AGED ABOUT 47 YEARS, R/AT DODDA NAGAMANGALA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU-560 068 - 10 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 13. SMT. SUJATHA, W/O. CHANDRASHEKAR, AGED ABOUT 45 YEARS, RESIDING AT KAGGADASAPURA, BENGALURU-560 093. 14. SMT. RUKMINI, W/O. SHRI. SOMASHEKAR, AGED ABOUT 43 YEARS, RESIDING AT NO.64/65, B.V.R. COMPLEX, NEAR BUS STAND, DODDABANASAWADI, BENGALURU-56 043 15. SMT. CHANDRAKALA, W/O. SHRI CHANDRASHEKAR REDDY, AGED ABOUT 37 YEARS, RESIDING AT MARATHHALLI, BENGALURU EAST, BENGALURU-37 16. SRI. L. UMESH, S/O. C. LAKSHMAIAH, AGED ABOUT 48 YEARS, RESIDING AT NO.85, 4TH MAIN, GM PALYA, NEW TIPPASANDRA, BENGALURU560 075 17. SMT. ROOPA, W/O. SHRI. RAVI, AGED ABOUT 44 YEARS, RESIDING AT NO.390, J.R. LAYOUT 1ST CROSS, CHELLEKERE, KALYANANAGAR POST, BENGALURU-560 043 18. SMT. Y. SUVARANA, W/O. G. YESU, D/O. LATE. B.V. KRISHNA REDDY, AGED ABOUT 50 YEARS - 11 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 RESIDING AT CHENNAI - 600001. 19. SRI. J.L. PRASAD, S/O. VEERA RAGHAVAIAH, AGED ABOUT 79 YEARS, RESIDING AT NO.1140, 1ST CROSS, 13TH MAIN, NEAR GARDEN SCHOOL, H.A.L. 2ND STAGE, BENGALURU-560 008 ...RESPONDENTS (BY SRI.YESHU BABU R MISHRA, ADVOCATE FOR C/R1 SRI.VIJAYKUMAR K., ADVOCATE FOR R7) THIS CRP FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 23.09.2025 PASSED ON IA NO.38 IN OS NO.1474/2005 ON THE FILE OF XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DISMISSING THE IA NO.38 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC., FOR REJECTION OF PLAINT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 12 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 COMMON ORAL ORDER Aggrieved by the orders passed in I.A.No.38 and I.A.No.39 filed by defendant Nos. 1, 2 and 9 to 15 seeking rejection of the plaint, the petitioners are before this Court. 2. The respondents herein filed a suit seeking partition and a declaration that the Registered Partition Deed dated 23.09.1999 is not binding, and that the Sale Agreement dated 23.12.2004, the GPA dated 23.12.2004, the supplementary agreement dated 06.06.2005, and the GPA dated 06.06.2005, executed by defendant Nos. 1, 2, 1,2,9 and their children, and defendant No.10 in favor of defendant No.19 and his son, in respect of item No.1 of the A schedule property, are not binding on the plaintiffs. In the said suit, the defendants have filed this application under Order VII Rule 11 of the CPC, seeking rejection of the plaint on the ground that there was an earlier partition in 1999. In light of settled law, after all the transactions that had taken place prior to 20.12.2004, the plaintiff married much earlier, and from 1999 to 2005 she did not question the partition. There is no cause of action for her, and the suit filed is barred by limitation. The trial court, without - 13 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 considering all these aspects, rejected the application. It is submitted that the 2005 suit is still coming up for the plaintiff's evidence, and by filing numerous applications, impleading the parties, and seeking several reliefs unconnected with one another, the plaintiff is dragging on the matter. It is submitted that the plaint ought to have been rejected by the trial court. 3. Learned counsel appearing for the respondents submits that she was not even aware of the Registered Partition Deed until the defendants filed their written statement. After learning of it, she sought to amend the prayer. It is submitted that when all other sisters and brothers were given a share, the petitioner was not given any share in the said property. In those circumstances, the plaintiff has sought the cancellation of the same. It is submitted that the suit is well within limitation. 4. Having heard the learned counsels on either side, perused the material on record. The suit is for partition and other reliefs as discussed by the Court in the preceding paragraph. An application is filed under Order VII Rule 11 of the CPC, stating that because the transactions were affected - 14 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 before 2004, the plaintiff cannot file the suit. It is also contended that she was aware of the partition much earlier and voluntarily kept quiet, filing an application in 2005. When an application is filed under Order VII Rule 11 of the CPC, the Court can look at the plaint, its amendments, and the documents filed along with them. The submissions made by the petitioners and the defendants cannot be considered. Admittedly, by virtue of the registered document, no properties are allotted to the plaintiff, and it is not even the case that, on the said partition deed, only the male members of the family were granted shares; even the other sisters were given shares, except the plaintiff. In those circumstances, the reliance placed by the petitioners in Vineeta Sharma Vs. Rakesh Sharma and others1 case is not applicable to the facts of this case. In those circumstances, the trial Court has rightly rejected the application, and this Court finds no reason to interfere. Accordingly, this Court is passing the following: ORDER i. Accordingly, both the Civil Revision Petitions are dismissed. 1 (2020)9 SCC 1 - 15 - HC-KAR CNR: KAHC010845952025 NC: 2026:KHC:48812 CRP No. 968 of 2025 C/W CRP No. 801 of 2025 ii. This Court has not expressed anything on the merits of the matter, and the trial Court shall consider the same on the merits of the matter. iii. The suit is of the year 2005, the trial Court shall expeditiously decide the matter. iv. No unnecessary adjournments shall be granted. v. All the parties shall co-operate before the trial Court. vi. All pending I.As., in the petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 45