Disposed

Sri. Annayappa v. K. Nagaraj

Karnataka HC6 Jan 2021WP/129/2021

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition under Article 226 challenging an order impleading respondents in an FDP. The Court held that the FDP is a continuation of a partition suit, making CPC Order I Rule 10 applicable, and deferred determining interest in the property pending a coordinate appeal.

What did the court decide?

The Writ Petition was disposed off without granting the prayed relief.

Sri. Annayappa Vs K. Nagaraj — Partition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.129 OF 2021 (GM-CPC)

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BETWEEN:

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SRI. ANNAYAPPA, SON OF LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 78 YEARS, RESIDING AT NANDI VILLAGE, KANDAVARPET , CHICKBALLAPUR 562101.

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…PETITIONER

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(BY SRI. SRINIVASAN T, ADVOCATE)

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AND:

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1 . K. NAGARAJ, SON OF LATE BANDARI KRISHNAPPA , AGE 65 YEARS,

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2 . K. LAKSHMINARAYANA, SON OF LATE BANDARI KRISHNAPPA, AGED ABOUT 60 YEARS,

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3 . K. VENKATESH, SON OF LATE BANDARI KRISHNAPPA , AGED ABOUT 58 YEARS,

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4 . K. SRINIVASA, SON OF LATE BANDARI KRISHNAPPA, AGE 53 YEARS,

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5 . K. MUNISWAMY, SON OF LATE BANDARI KRISHNAPPA , AGED ABOUT 50 YEARS,

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6 . SMT. KANTHAMMA, W/O OF BALAPPA, AGED ABOUT 80 YEARS,

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RESPONDENT NOS.1 TO 6 ARE

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RESIDENTS OF NANDI ROAD, KANDAVARAPET, CHICKBALLAPUR 562101.

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7 . SMT. K. SARASWARTHI, DAUGHTER OF LATE BANDARI KRISHNAPPA, WIFE OF NAGARAJU, AGED ABOUT 49 YEARS, RESIDING AT NO.3/162/25, 3^RD BLOCK, 3^RD STAGE, BASAVESHWARANAGAR, BENGALURU 560079.

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8 . SMT. K. JAYAMMA, DAUGHTER OF LATE BANDARI KRISHNAPPA, WIFE OF NARAYANASWAMY, AGED ABOUT 46 YEARS, RESIDING AT NO 1732-4, CHICKBALLAPUR 562101.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS; QUASH THE ORDER DTD.30.11.2020 ON THE APPLICATION FILED UNDER ORDER 1 RULE 10(2) OF CPC PASSED BY THE PRINCIPAL CIVL JUDGE AND JMFC CHICKBALLAPUR IN FDP NO.11/2020 AS PER ANENXURE-A AND COSNEQUENTLY ALLOW THIS W.P. AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THROUGH PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner being the defendant in a partition suit in O.S.No.475/2010 & the first respondent in F.D.P.No.11/2020, is knocking at the doors of writ court for assailing the order dated 30.11.2020, whereby learned Principal Civil Judge, Chickballapur, having favoured the application u/o I Rule 10(2) of CPC, 1908, filed by the respondent-applicants for their impleadment to the said FDP.

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Having heard the learned counsel for the

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petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as in a partition suit, the FDP is only its continuation and therefore, the provisions of Order I Rule 10 of CPC providing for impleadment of parties are invocable and they are rightly invoked by the court below.

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Whether the impleaded parties have interest in or

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right over the subject property is being debated before a Co-ordinate Bench of this court in R.S.A.No.1205/2020 and therefore, whatever modification the Preliminary Decree has undergone at the hands of FDP Court vide order dated 14.12.2020 shall arguably be subject to outcome of the appeal in the said RSA.

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In the above circumstances, this Writ Petition is disposed off.

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Sd/JUDGE

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cbc

Sri. Annayappa v. K. Nagaraj

Case brief

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Sri. Annayappa v. K. Nagaraj

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