Rukmavva @ Rukmadevi vs Smt. Sevanti
2022 Latest Caselaw 3849 Kant

                               1




            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

        DATED THIS THE 07TH DAY OF MARCH 2022

                            PRESENT

     THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

                             AND

     THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

             R.F.A.NO.100168/2020 (PAR/POS)

BETWEEN:

RUKMAVVA @ RUKMADEVI
W/O RAMCHANDRA NAIK,
AGE: 42 YEARS,
OCC: HOUSE HOLD & AGRL.,
R/O: RAJAPUR, TQ: GOKAK,
DIST: BELAGAVI-591307.
                                              ... APPELLANT
(BY SRI DINESH M KULKARNI, ADV.)

AND:

1.     SMT. SEVANTI
       CALLING HERSELF AS
       W/O BASAPPA NAIK,
       AGE: 60 YEARS, OCC: AGRIL.,
       R/O: RAJAPUR, TQ: GOKAK,
       DIST: BELAGAVI-591307.

2.     LAXMAN
       CALLING HIMSELF AS
       W/O BASAPPA NAIK,
       AGE: 38 YEARS, OCC: AGRIL.,
       R/O: RAJAPUR, TQ: GOKAK,
       DIST: BELAGAVI-591307 .

3.     SUJATA
       CALLING HERSELF AS
                               2




      D/O BASAPPA NAIK,
      AFTER MARRIAGE
      SUJATA W/O AJJAPPA NAIK,
      AGE: 34 YEARS,
      OCC: HOUSE HOLD & AGRIL.,
      R/O: ARBANWADI, TQ: CHIKKODI,
      DIST: BELAGAVI-591201.

4.    HANAMANT
      CALLING HIMSELF AS
      S/O BASAPPA NAIK,
      AGE: 32 YEARS, OCC: AGRIL.,
      R/O: RAJAPUR, TQ: GOKAK,
      DIST: BELAGAVI-591307.

5.    KEMPANNA @ KENCHAPPA
      A/S/O SAKREPPA NAIK,
      AGE: 64 YEARS, OCC: AGRIL.,
      R/O: RAJAPUR, TQ: GOKAK,
      DIST: BELAGAVI-591307.

6.    SHIVAPUTRAPPA
      S/O YALLAPPA OBBATAGI,
      AGE: 57 YEARS, OCC: AGRIL.,
      R/O: DURDUNDI,
      NOW AT R/O: RAJAPUR,
      TQ: GOKAK,
      DIST: BELAGAVI-591307
                                             ... RESPONDENTS

(BY   SRI G.B.NAIK & SMT.P.T.NAIK, ADVTS. FOR R.5
      NOTICE TO R.1 TO 4 & 6 : DISPENSED WITH)

      THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96
READ WITH    ORDER XLI RULE 1 OF THE CODE           OF CIVIL
PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED
07.02.2020 PASSED IN O.S.NO.177/2018 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, GOKAK, ALLOWING THE SUIT
FILED FOR PARTITION AND SEPARATE POSSESSION.


      THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
H.T.NARENDRA PRASAD, J. DELIVERED THE FOLLOWING:
                              3




                     : JUDGMENT :

This appeal is filed challenging the order dated 07.02.2020 passed by I Additional Senior Civil Judge, Gokak in O.S.No.177/2018, wherein I.A.No.VI filed by defendant No.5 under Order XII Rule 11 (a) & (d) read with Section 151 of CPC for rejection of plaint is allowed.

2. The plaintiff-appellant has filed a suit in O.S.No.177/2018 for partition and separate possession. After service of notice defendant No.5 and defendant No.6 have filed separate applications under Order VII rule 11(a) & (d). Both the applications filed by defendant Nos.5 & 6 came to be allowed by order dated 07.02.2020 and plaint against defendant Nos.5 & 6 came to be rejected by passing separate order on each application.

3. Being aggrieved by the order dated 07.02.2020 passed on I.A.No.V filed by defendant No.6, the appellant-plaintiff filed appeal in RFA.No.100177/ 2020 before this Court. The same came to be allowed by this Court vide order dated 16.10.2020.

4. The instant appeal is filed by the appellant- plaintiff questioning the order dated 07.02.2020 passed on I.A.No.VI filed by defendant No.5 under Order VII Rule 11 (a) & (d) of CPC.

5. The applications in I.A.Nos.V & VI filed by respondent Nos.6 and 5 respectively under Order VII Rule 11 (a) & (d) read with Section 151 of CPC have been allowed on the same grounds. The appeal filed in RFA.No.100177/2020 against the order dated 07.02.2020 passed on I.A.No.V filed by defendant No.6 came to be allowed by this Court vide order dated 16.10.2020.

6. In view of the above, this appeal is also allowed in terms of the order dated 16.10.2020 passed in RFA.No.100177/2020. The order dated 07.02.2020 passed on I.A.No.VI filed by defendant No.5 in O.S.No.177/2018 is hereby set aside.

All the contentions of the parties be kept open.

In view of disposal of the appeal, I.A.No.1/2020 does not survive for consideration.

Sd/-

JUDGE

Sd/-

JUDGE EM