- 1 - HC-KAR CNR: KAHC010410162026 NC: 2026:KHC:54588 CRP No. 536 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CIVIL REVISION PETITION NO. 536 OF 2026 (IO) BETWEEN: SRI. T.S.SIDDARAJU, AGED ABOUT 39 YEARS, S/O SIDDALINGAIAH THIMMANAPALYA, CHELUR HOBLI, GUBBI TALUK - 572 216, TUMAKURU DISTRICT. …PETITIONER (BY SRI. M.R NAGABHUSHANA., ADVOCATE) AND: 1. SRI. MAHADEVAIAH, AGED ABOUT 61 YEARS, S/O LATE KULLALINGAIAH THIMMANAPALYA, CHELUR HOBLI, GUBBI TALUK - 572 216, TUMAKURU DISTRICT. 2. SRI. SIDDAGANGAIAH, AGED ABOUT 64 YEARS, S/O LATE KULLALINGAIAH, 3. SRI. RANGEGOWDA, AGED ABOUT 52 YEARS, S/O LATE NARASAIAH, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010410162026 NC: 2026:KHC:54588 CRP No. 536 of 2026 4. SRI. BANAVAIAH, AGED ABOUT 45 YEARS, S/O LATE NARASAIAH, RESPONDENT NO.2 TO 4 ARE R/AT MALAMACHAGUNTE, CHELUR HOBLI, GUBBI TALUK - 572 216, TUMAKURU DISTRICT. 5. SMT. MANGALAGOWRAMMA, AGED ABOUT 43 YEARS, D/O LATE NARASAIAH, W/O MAHADEVAIAH THIMMANAPALYA, CHELUR HOBLI, GUBBI TALUK - 572 216, TUMAKURU DISTRICT. 6. SMT. NINGAMMA, AGED ABOUT 72 YEARS, D/O LATE KULLALINGAIAH, W/O KEMPAIAH, MALAMACHAGUNTE, CHELUR HOBLI, GUBBI TALUK - 572 216, TUMAKURU DISTRICT. 7. SMT. GANGAMALAMMA, AGED ABOUT 68 YEARS, D/O LATE KULLALINGAIAH, W/O SIDDAPPA IRAKASANDRA VILLAGE, MALAMACHANGUTE, CHELUR HOBLI, - 3 - HC-KAR CNR: KAHC010410162026 NC: 2026:KHC:54588 CRP No. 536 of 2026 GUBBI TALUK - 572 216, TUMAKURU DISTRICT. 8. SMT. MALLAMMA, AGED ABOUT 66 YEARS, D/O LATE KULLALINGAIAH, W/O BANAVEGOWDA, THIMMANAPALYA VILLAGE, CHELUR HOBLI, GUBBI TALUK - 572 216, TUMAKURU DISTRICT. …RESPONDENTS THIS CRP IS FILED U/S.115 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 07.03.2026, PASSED ON IA NO. I IN OS NO.440/2025 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, GUBBI, REJECTING THE IA NO. I FILED U/O VII RULE 11(a) OF CPC FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 07.03.2026 passed in IA No.1 in OS.No.440/2025 by the Additional Civil Judge and JMFC, Gubbi, the petitioner-defendant No.2 is before this Court. - 4 - HC-KAR CNR: KAHC010410162026 NC: 2026:KHC:54588 CRP No. 536 of 2026 2. The respondent No.1/plaintiff herein has filed the suit for partition and separate possession of the plaintiff's 1/6th share in all the suit-schedule properties, and also seeks the relief that the Will executed in favor of defendant No.2 is not binding on the plaintiff's share. In the said suit, defendant No.2 has filed an application under Order VII Rule 11(a) of CPC, seeking rejection of the plaint on the ground that there is no cause of action and facts have been suppressed. The trial Court, by the impugned order, rejected the application, observing that a perusal of the plaint reveals a cause of action and that the relief itself is about the Will, and the said Will is not binding on the plaintiff. Hence, there is no suppression of facts, and accordingly the trial Court rejected the application. 3. Learned counsel appearing for the petitioner submits that the trial court ought to have considered the application in its proper perspective and Court ought to have rejected the plaint. 4. Having heard the learned counsel for the petitioner, perused the material on record. - 5 - HC-KAR CNR: KAHC010410162026 NC: 2026:KHC:54588 CRP No. 536 of 2026 The suit seeks partition and separate possession and also asserts that the Will is not binding on them. There is no question of suppression. In determining the cause of action, the Court has considered the entire plaint, which is a bundle of facts. Basing on a fair perusal of the averments in the plaint, it discloses that there is a cause of action, and hence the Trial Court has rightly rejected the application. In those circumstances, this Court do not find any reason to interfere with the order passed by the Trial Court. Accordingly, this Court is passing the following: ORDER i. Accordingly, the Civil Revision Petition is dismissed. ii. Pending IAs, if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BH List No.: 1 Sl No.: 11 *AK