MUNIRATHNAMMA Vs. DODDA KEMPAIAH

JUDGEMENT

(1.) The appeal coming on for admission, the learned counsel for the appellant was heard at length. The appellant was the plaintiff before the trial court. The suit was for partition and separate possession of the suit properties. The plaintiff was claiming one-fourth share in the suit properties.

(2.) Apart from the grounds raised in the appeal - it was contended that the rejection of the application under Order VII Rule 11 CPC, was at best capable of being challenged by way of a Revision Petition, invoking Section 115 of the CPC. The respondents however, having invoked Article 227 of the Constitution of India and this court having exercised its power of superintendence, in its writ jurisdiction, was irregular and results in a miscarriage of justice.