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Smt Lakshmamma vs Sri A Shamanna
2023 Latest Caselaw 2558 Kant

Citation : 2023 Latest Caselaw 2558 Kant
Judgement Date : 24 May, 2023

Karnataka High Court
Smt Lakshmamma vs Sri A Shamanna on 24 May, 2023
Bench: Sreenivas Harish Kumar
                                                 -1-
                                                               WP No. 6527 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24     TH
                                                       DAY OF MAY, 2023
                                                                                        R
                                               BEFORE

                    THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR

                          WRIT PETITION NO. 6527 OF 2023 (GM-CPC)

                   Between:

                   Smt. Lakshmamma
                   W/o. Late Chowdappa
                   D/o. Late Sanjeevappa
                   Aged about 72 years
                   R/at Thimmasandra Village
                   Sulibele Hobli,
                   Hoskote Taluk - 561201
                                                                        ...Petitioner
                   (By Sri Vijaya Krishna Bhat, Advocate for
                       Sri C.A.Ajith, Advocate)

                   And:

                   1 . Sri A.Shamanna
Digitally signed       Aged about 88 years
by VEERENDRA
KUMAR K M              S/o. Late Anjinappa
Location: HIGH         R/at Chikkagubbi Village,
COURT OF               Bidarahalli Hobli,
KARNATAKA
                       Bengaluru East Taluk
                       Bengaluru Urban District - 560049

                   2 . Smt. Akkamma
                       Aged about 86 years
                       W/o. Late Muniyappa @ Vadlappa
                       D/o. Late Anjinappa
                       R/at Hiranyapalya Village,
                       K.R.Pura Hobli,
                       Bengaluru East Taluk,
                       Bengaluru - 560077
                             -2-
                                        WP No. 6527 of 2023




3 . Sri M.A.Muniyappa
    S/o. Late Anjinappa
    Aged about 84 years
    R/at Manduru Village
    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

4 . Sri M.S.Ramamurthy
    S/o. A.Shamanna
    Aged about 62 years
    R/at K.Narayanapura
    K.R.Pura Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

5 . Sri M.S.Manjunath
    S/o. A.Shamanna
    Aged about 60 years
    R/at Chikkagubbi Village
    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

6 . Sri M.S.Nandakumar
    S/o. A.Shamanna
    Aged about 58 years
    R/at Chikkagubbi Village
    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

7 . Sri Mohan
    S/o. M.A.Muniyappa
    Aged about 42 years
    R/at Manduru Village
    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049
                               -3-
                                         WP No. 6527 of 2023




8 . Smt. Gowramma
    W/o. Narayanappa
    D/o. Late G.Nanjappa
    Aged about 74 years
    R/at Jakkur Village
    Jala Hobli, Bengaluru East Taluk
    Bengaluru District
    Bengaluru- 560049

9 . Sri Munianjinappa
    S/o. Late G.Nanjappa
    Aged about 72 years
    R/at Manduru Village
    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

    Late M.N.Rajanna
    Since dead by his LR's

10 . Smt. Renukamma
     W/o. Late M.N.Rajanna
     Aged about 60 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

11 . Sri Harsha
     S/o. Late M.N.Rajanna
     Aged about 40 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

12 . Smt. Maitri
     W/o. Murthy
     D/o Late M.N.Rajanna
     Aged about 36 years
                              -4-
                                         WP No. 6527 of 2023




    R/at Garakammanapalya
    Bengaluru-561201.

13 . Smt. Thayamma
     W/o. Late Munianjinappa
     D/o. Late G.Nanjappa
     Aged about 67 years
     R/at Kanchiganala Village
     Thoobigere Hobli
     Doddaballapura Taluk
     Bengaluru Rural District-561201

14 . Sri M.N.Krishnamurthy
     S/o. Late G.Nanjappa
     Aged about 65 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

15 . Sri M.Muralikrishna
     S/o. N.Munianjinappa
     Aged about 42 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

16 . Smt. M.Prathima
     W/o. Narendra
     D/o. N.Munianjinappa
     Aged about 40 years
     R/at Seegehalli Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

17 . Sri M.S.Muniraja
     S/o. Late Sanjeevappa
     Aged about 62 years
     R/at Manduru Village
                                 -5-
                                         WP No. 6527 of 2023




    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

18 . Smt. Sunandamma
     W/o. Pillanna,
     D/o. Late Sanjeevappa
     Aged about 60 years
     R/at Kammasandra Village
     Sulibele Hobli, Hoskote Taluk
     Bengaluru Rural District-560049

19 . Sri M.S.Narayanaswamy
     S/o. Late Sanjeevappa
     Aged about 55 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

20 . Smt. Kempamma
     W/o. Late M.S.Krishnappa
     Aged about 68 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

21 . Smt. Neelamma
     W/o. Manjunath
     D/o. Late M.S.Krishnappa
     Aged about 47 years
     R/at K.Narayanapura
     K.R.Pura Hobli,
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

22 . Sri M.K.Murthy
     S/o. Late M.S.Krishnappa
     Aged about 45 years
     R/at Manduru Village
                              -6-
                                         WP No. 6527 of 2023




    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

23 . Sri Prasanna Kumar
     S/o. Late M.S.Krishnappa
     Aged about 41 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

24 . Smt. Kempamma
     W/o. Late M.S.Nagarajappa
     Aged about 58 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

25 . Ambarish,
     S/o. Late M.S.Nagarajappa,
     Aged about 38 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

26 . Smt. Geetha
     W/o. Munikrishnappa,
     D/o. Late M.S.Nagarajappa,
     Aged about 34 years,
     R/at Kurubara Kunte Village,
     Kasaba Hobli,
     Devanahalli Taluk,
     Bengaluru Rural District-562110

27 . Smt. Vidya
     W/o. Late Nagesh ,
     Aged about 35 years
     R/at Manduru Village
                                  -7-
                                         WP No. 6527 of 2023




    Bidarahalli Hobli
    Bengaluru East Taluk
    Bengaluru Urban District - 560049

28 . Kumar Sanjay
     S/o. Late Nagesh,
     Aged about 16 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

29 . Kumari Shilpa
     D/o. Late Nagesh
     Aged about 12 years
     R/at Manduru Village
     Bidarahalli Hobli
     Bengaluru East Taluk
     Bengaluru Urban District - 560049

    Respondent Nos.28 and 29 are Minor
    Represented by their Natural Guardian
    that is their Mother Smt. Vidya
    the Respondent No.27 herein.

30 . Smt. Kamalamma
     W/o. A.Shamanna
     D/o. Late Hanumakka,
     Aged about 80 years,
     R/at Chikkagubbi Village,
     Bidarahalli Hobli,
     Bengaluru East Taluk
     Bengaluru - 560049

    Sampangamma
    Since dead by her LR's

31 . Smt. Ramakka
     W/o. Satyanarayana
     D/o. Late Sampangamma
     Aged about 62 years,
                              -8-
                                        WP No. 6527 of 2023




    R/at K.Narayanapura,
    K.R.Pura Hobli,
    Bengaluru - 560077

32 . Smt. Prabhavathi
     W/o. Chikkanna
     D/o. Late Sampangamma
     Aged about 60 years,
     R/at Shanuboganahalli,
     Jala Hobli,
     Bengaluru North Taluk
     Bengaluru Urban District-560077.

33 . Smt. Lalithamma
     W/o. Late Govindappa,
     D/o. Late Samapangamma
     Aged about 58 years,
     R/at K.Narayanapura
     K.R.Pura Hobli,
     Bengaluru - 560077

    Sri Ramachandra
    Since dead by his LR's

34 . Smt. Umadevi
     W/o. Late Ramachandra
     Aged about 50 years

35 . Sri Vinayraj
     S/o. Late Ramachandra
     Aged about 28 years

36 . Sri Vinodraj
     S/o. Late Ramachandra
     Aged about 26 years

37 . Sri Manjunatha
     S/o. Late Ramachandra
     Aged about 24 years
                               -9-
                                        WP No. 6527 of 2023




    Respondent Nos.34 to 37 are
    R/at Naganahalli
    K.R.Pura Hobli,
    Bengaluru - 560077

38 . Smt. Yashodamma
     W/o. Chikkanna
     D/o. Late Sampangamma
     Aged about 54 years,
     R/at Gambiranahalli Village,
     Jangamakote Hobli
     Shidlaghatta Taluk
     Chikkaballapura District-562102.

39 . Smt. Sunandamma
     W/o. Late Gopalappa
     D/o. Late Sampangamma
     Aged about 52 years
     R/at Nagasandra,
     HAL 2nd Stage, Bengaluru-560008

40 . Sri Srinivas
     S/o. Late Kempanna and
     Late Sampangamma
     Aged about 50 years
     R/at Naganahalli
     K.R.Pura Hobli,
     Bengaluru - 560077

41 . Smt. Savithramma
     W/o. Chandrashekar
     D/o. Late Sampangamma
     Aged about 48 years
     R/at B.Narayanapura
     K.R.Pura Hobli,
     Bengaluru East Taluk-560049.

42 . Smt. Radhamma
     W/o. Rameshappa
     D/o. Late Sampangamma
     Aged about 46 years
                              - 10 -
                                       WP No. 6527 of 2023




    R/at Kurugal Village,
    Vemagal Hobli, Kolar Taluk,
    Kolar District-563102.

43 . Smt. Komalamma
     W/o. Late Krishnappa
     D/o. Late Hanumakka
     Aged about 74 years.
     R/at Bandikodigehalli Village,
     Yelahanka Hobli,
     Bengaluru North Taluk
     Bengaluru Urban District-562149

44 . Smt. Ambujakshamma
     W/o. Late Krishnappa
     D/o. Late Hanumakka
     Aged about 70 years
     R/at Bagaluru Village
     Jala Hobli,
     Bengaluru North Taluk
     Bengaluru-560077.

45 . Sri Sathyanarayana Swami
     S/o. Late Hanumakka
     Aged about 68 years
     R/at Meesanganahalli Village,
     Jala Hobli,
     Bengaluru North Taluk--560077.

    Sri Appanna Gowda
    Since dead by his LR's

46 . Smt. Lakshmamma
     W/o. Late Appanna Gowda,
     Aged about 70 years
     R/at K.Narayanapura Village,
     K.R.Pura, Bengaluru -560 077.

47 . Smt. Varamahalakshmi
     W/o. Bachegowda
     D/o. Late Appanna Gowda,
                               - 11 -
                                         WP No. 6527 of 2023




    Aged about 50 years
    R/at Reddahalli Village,
    Channarayapatna Hobli,
    Devanahalli Taluk-562129.

48 . Sri A.Manjunatha
     S/o. Late Appanna Gowda
     Aged about 46 years,
     R/at K.Narayanapura Village,
     K.R.Pura, Bengaluru-560 077.

49 . Smt. Sujatha
     W/o. Late Thyagaraj,
     D/o. Late Appanna Gowda,
     Aged about 48 years,
     R/at Paramanahalli Village,
     Jadigenahalli Hobli,
     Hoskote Taluk-560049.

50 . Smt. Bharathi
     W/o. Ravi,
     D/o. Late Appanna Gowda,
     Aged about 44 years,
     R/at Kodipura Village,
     Jala Hobli,
     Bengaluru North Taluk-560077.

51 . Smt. Veena
     W/o. Srinivas,
     D/o. Late Appanna Gowda,
     Aged about 42 years,
     R/at Nagadenahalli Village,
     Kundana Hobli,
     Doddaballapura Taluk-562110.

52 . Sri Narayana Gowda
     S/o. Late Appanna Gowda,
     Aged about 40 years,
     R/at K.Narayanapura Village,
     K.R.Pura Hobli, Bengaluru East Taluk,
     Bengaluru-560 077.
                              - 12 -
                                      WP No. 6527 of 2023




    Sri Kodandaramaiah
    Since dead by his LR's

53 . Smt. Rathnamma,
     W/o. Late Kodandaramaiah H.,
     Aged about 68 years,
     R/at K.Narayanapura Village,
     K.R.Pura Hobli,
     Bengaluru-560 077.

54 . Smt. Padmavathi
     W/o. M.S.Ramamurthy,
     D/o. Late Kodandaramaiah H.,
     Aged about 46 years,
     R/at K.Narayanapura Village,
     K.R.Pura Hobli,
     Bengaluru-560 077.

55 . Sri Anandkumar K.,
     S/o. Late Kodandaramaiah H.,
     Aged about 44 years,
     R/at K.Narayanapura Village,
     K.R.Pura Hobli,
     Bengaluru-560 077.

56 . Smt. Tanuja
     W/o. Pillanna Gowda,
     D/o. Late Kodandaramaiah H.,
     Aged about 42 years,
     R/at K.Narayanapura Village,
     K.R.Pura Hobli,
     Bengaluru-560 077.

57 . Praveenkumar K.,
     S/o. Late Kodandaramaia H.,
     Aged about 40 years,
     R/at K.Narayanapura Village,
     K.R.Pura Hobli,
     Bengaluru-560 077.
                                 - 13 -
                                         WP No. 6527 of 2023




58 . Sri K.V.Rajagopal Reddy
     S/o. Late K.Vengala Reddy,
     Aged about 62 years,
     R/at No.1, Panathur Road,
     Yammalur Post and Village,
     Bengaluru-560 037.

59 . Sri M.Ramachandra
     S/o. Muniswamappa,
     Aged about 50 years,
     R/at No.219, 19th Cross,
     Kaggadasapura
     C.V. Ramannagara Post,
     Bengaluru -560 093.

60 . Sri N.Reddappa Reddy
     S/o. N.Munirathnam Reddy,
     Aged about 47 years,
     R/at No. 401, Saikrupa Heera,
     1st Main, Bhuvaneshwari Nagara,
     C.V.Raman Nagar Post,
     Bengaluru-560 093.

61 . Sri B.N.Bache Gowda
     S/o. Late Narayana Gowda,
     Aged about 79 years,
     R/at No.114, Lalbagh Road,
     Bengaluru -560 027.

62 . Smt. Uma Gowda
     W/o. B.N.Bache Gowda,
     Aged about 71 years,
     R/at No.114, Lalbagh Road,
     Bengaluru-560 027.

63 . Sri O.Venkata Reddy
     S/o. Late Sidda Reddy,
     Aged about 83 years,
     R/at Mandur Village,
                               - 14 -
                                          WP No. 6527 of 2023




    Bidarahalli Hobli,
    Bengaluru East Taluk-560049.

64 . Smt. O.Padmalatha
     W/o. O.Sridhar Reddy,
     Aged about 54 years,
     R/at No.102/5
     Amaravathi Nagar,
     MR Palli, Thirupathi,
     Chittor District,
     Andhra Pradesh-517501.

65 . Sri O.Srikantha Reddy
     S/o. Sri O.Venkata Reddy,
     Aged about 54 years,
     R/at No. 547, Balaji Colony,
     Thrupathi, Chittor District,
     Andhra Pradesh-517501.

66 . Sri Seetharam Agarwal
     S/o. Govindaram Agarwal,
     Aged about 60 years,
     R/at Post Saintala,
     767232 Bolangir District,
     Orissa, Mob-9437838108.

67 . Sri A.Jayanna
     S/o. Late Anjinappa,
     Aged about 78 years,
     R/at Mandur Village,
     Bidarahalli Hobli,
     Bengaluru East Taluk-560049,

68 . Sri Srinivas Gowda
     S/o Late Narayanaswamy,
     Aged about 45 years,
     R/at Mandur Village,
     Bidarahalli Hobli,
     Bengaluru East Taluk,
     Bengaluru Urban District -560 049.
                                                ...Respondents
                              - 15 -
                                         WP No. 6527 of 2023




(By Sri Udaya Holla, Senior Advocate for
    Sri M.D.Basavanna, Advocate for C/R7 & R14;
    Notice to R1 to R6, R8 to R13 and
    R15 to R68 - dispensed with)

      This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the impugned order
dated 15.02.2023 passed by the VII Additional Senior Civil
Judge,     Bengaluru      Rural     District,    Bengaluru   in
O.S.No.2230/2021 vide Annexure-L and consequently dismiss
I.A.No.5 to 8 with costs and etc.

      This Writ Petition having been heard and reserved on
13.04.2023 coming on for pronouncement this day, the
court pronounced the following:

                           ORDER

The plaintiff in O.S.No.2230/2021 has filed

this Writ Petition challenging the order dated

15.02.2023 on I.A.Nos.5 to 8.

2. Necessary facts are as follows:

Suit is for partition against 68 defendants in

respect of 46 items of the property. The plaintiff

has pleaded in the plaint that Gummanna was the

propositus and he had 3 sons namely Anjinappa,

G.Nanjappa and Sanjeevappa, and 2 daughters

namely Hanumakka and Sanjeevamma. Plaintiff is

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WP No. 6527 of 2023

the daughter of Sanjeevappa and she stated that

the suit properties were ancestral joint family

properties; though there had not taken place

actual partition amongst the children of

Gummanna, the revenue records came to be

transferred in the names of 3 sons for

convenience. The defendants denied her share in

the suit properties and therefore she brought the

suit for partition.

The defendant No.7 filed written statement

denying the plaintiff 's right to claim partition in

view of a partition having taken place on

21.09.1953 amongst the sons of Gummanna. In

the course of proceedings defendants No.7 and 14

filed applications under Order 6 Rule 16 of CPC. If

defendant No.7 sought to strike out item Nos.1, 7,

8, 9, 11, 13, 16, 17, 18, 19, 24, 26, 28 to 30, 34,

36, 37, 39, 43 and 44 to 46; defendant No.14

sought striking out the properties described as

- 17 -

WP No. 6527 of 2023

item No.2 to 5, 7, 14, 19 to 23, 35, 38 and 42 of

the plaint schedule. Defendants No.7 and 14 also

filed 2 more applications under Order 1 Rule 10 of

CPC to delete from the suit the defendants No.1, 3

to 16, 30, 54 and 67. The defendants No.8, 12, 13,

15, 16, 30, 43, 54 and 67 appeared and filed

memo adopting the applications, I.A.Nos.5 to 8

filed by defendants No.7 and 14. In the affidavits

filed along with the applications they stated that

the plaintiff had brought the suit for partition by

suppressing the earlier partition which had taken

place on 21.09.1953 amongst the sons of

Gummanna and infact after the said partition the

plaintiff and other legal heirs of her father sold a

property measuring 11 guntas in survey No.53/1 to

K V Manjunath on 11.05.2008 and another land

measuring 20 guntas in survey No.48 to

Chennamma on 11.10.2021. In both sale deeds,

the plaintiff has stated about partition dated

21.09.1953. The plaintiff is aware of the earlier

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WP No. 6527 of 2023

partition, yet she has filed a suit in respect of all

the properties that belonged to Gummanna. For

these reasons the properties mentioned in the

applications are not available for partition and the

pleadings in respect of those properties are

unnecessary, scandalous, frivolous and vexatious

and hence those properties are to be struck out

from the plaint. For the same reason the presence

of the defendant Nos.1, 3, 4 to 16, 30, 54 and 67

is not necessary and they are to be deleted.

3. The plaintiff filed statement of objections

to the applications. The court below having heard

both the sides allowed the applications and

aggrieved by the said order the plaintiff has filed

this Writ Petition.

4. I heard the arguments of Sri Vijaya

Krishna Bhat M, learned counsel for the petitioner

and Sri Uday Holla, learned senior counsel for

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WP No. 6527 of 2023

M.D.Basanna for the respondents No.7 and 14.

Notice to other respondents was dispensed with.

5. It was the argument of Sri Vijaya Krishna

Bhat that the plaintiff has nowhere admitted the

partition which the defendants have stated to have

taken place in the year 1953. All that she has

pleaded is that the revenue records of the

properties were mutated to the respective names

of the sons of Gummanna for convenience, it

doesn't mean that the partition had taken place.

Since according to the plaintiff all the properties

described in the plaint are available for partition,

merely on the basis of applications filed by the

defendants No.7 and 14, some of the properties

mentioned in the applications cannot be ordered to

be struck out and some of the defendants, deleted.

Partition dated 21.09.1953 constitutes defence for

defendants No.7 and 14 and burden is on them to

prove it. Trial is required to be held for this

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WP No. 6527 of 2023

purpose and at the threshold, deleting some of the

properties and defendants entertaining the

applications is opposed to law and beyond the

scope of Order 6 Rule 16 of CPC. In support of his

argument, he placed reliance on the judgment of

the Supreme Court in the case of AJAY ARJUN

SINGH VS. SHARADENDU TIWARI AND ORS.

[(2016) 15 SCC 219].

6. Sri Uday Holla replied that the plaintiff 's

brothers had earlier filed a suit for declaration of

title stating that a partition had taken place on

21.09.1953. The plaintiff has stated so in the sale

deeds executed in favour of Manjunath and

Chennamma. If that is so, she is aware of the

earlier partition and therefore she cannot bring the

suit in respect of the properties which fell to the

shares of her uncles. The properties mentioned in

the applications were all allotted to plaintiff 's

uncles and for this reason inclusion of those

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WP No. 6527 of 2023

properties in the plaint is nothing but scandalous.

The trial court has properly applied the mind and

there cannot be interference with the impugned

order.

7. Having heard both sides, it is to be

stated that Order 6 Rule 16 of CPC empowers the

court to strike out any part of the pleading at any

stage if it appears that any matter is scandalous,

frivolous or vexatious or which may tend to

prejudice, embarrass or delay the fair trial of the

suit or which is otherwise abuse of the process of

the court. In the case of Ajay Arjun Singh

(supra), the Supreme Court has held that

whenever a pleading is to be struck out on the

ground that it is scandalous, the court must first

record its satisfaction that the pleading is

scandalous in legal sense and then enquire

whether such scandalous allegation is called for or

necessary having regard to the nature of the relief

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WP No. 6527 of 2023

sought in the proceeding. It is also held that court

has to exercise this authority with circumspection

and on the basis of some rational principles.

8. If the impugned order is read, it appears

very well that the court below has applied its mind

and given proper reasons to allow the applications.

The language of Order 6 Rule 16 of CPC is so plain

that the court can exercise the power under this

provision at any stage; the only requirement is

that any matter in the pleading must appear to be

unnecessary, scandalous, frivolous or vexatious.

Suppression of a material fact and taking up a plea

contrary to it can be considered by the court for

exercising power under Order 6 Rule 16 of CPC.

The plaintiff appears to have consciously avoided

to state about partition dated 21.09.1953. In para

8 of the plaint, she has merely stated about

mutation of the revenue documents to the names

of three sons of Gummanna. Though according to

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WP No. 6527 of 2023

her the mutation effected was for their

convenience, it is possible to infer that without

there being some kind of settlement of the family

properties, it was not possible to effect mutation.

If in the sale deeds executed in the favour of

K.V.Manjunath and Chennamma she mentioned

about the partition and if in the plaint she avoided

to state about the partition, it only shows her

intention to reopen the partition of all the

properties that belonged to joint family of

Gummanna. If the plaintiff knew about the

partition, in all fairness she must have disclosed it

and sought partition only in respect of properties

that were allotted to her father. Bringing a suit for

partition in respect of all the properties was not

only unnecessary but also scandalous in the sense

that it was disgraceful on her part to claim

partition in respect of properties which fell to the

share of her uncles and now being enjoyed by their

legal heirs. Driving the heirs of her uncles to face

- 24 -

WP No. 6527 of 2023

litigation is nothing but vexatious. The trial court

has referred to the suit i.e., O.S.No.849/2003 filed

by defendants No.17 to 19 and one deceased

Krishnappa in respect of land in survey Nos.77 and

190 and in the said suit a finding was given that

partition had taken place on 21.09.1953. The said

suit was dismissed and the R.F.A. filed before this

court was also dismissed. These material facts

having been suppressed by the plaintiff, it can be

stated that defendants No.7 and 14 are justified in

seeking deletion of some of the items of suit

property and some of the defendants. They need

not face litigation for these reasons. Therefore, I

don't find any infirmity in the impugned order.

Hence writ petition is dismissed.

Sd/-

JUDGE

KMV

 
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