Dismissed

Smt. Gangawwa W/O Parappa Kadapatti v. Smt. Jayashree D/O Annappa Kanagond

Karnataka HC27 Mar 2023WP/100259/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the rejection of her impleading application by a Final Decree Proceedings Court in partition suit proceedings. The High Court dismissed the petition, holding the petitioner lacked standing to contest proceedings concerning properties allotted to a respondent brother, noting no claim was asserted by her over other brother's share. The petition was de

What did the court decide?

Rejection of the writ petition challenging the impleading application was upheld; no impleadment ordered.

Smt. Gangawwa W/O Parappa Kadapatti Vs Smt. Jayashree D/O… — Partition | Karnataka HC (2023)

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WP No. 100259 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 27^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 100259 OF 2023 (GM-CPC)

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BETWEEN:

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SMT. GANGAWWA W/O. PARAPPA KADAPATTI AGED ABOUT 60 YEARS, OCC: H.H. WORK R/O. ALGUR, TQ: JAMAKHANDI, BAGALKOT DIST-587330.

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…PETITIONER

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(BY SMT. S. BHARATHI G. BHAT, ADVOCATE)

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AND:

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SMT. JAYASHREE D/O ANNAPPA KANAGOND AGED ABOUT 27 YEARS, OCC. H.H.WORK, R/O. ALGUR, TQ. JAMAKHANDI BAGALKOT DISTRICT – 587330

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench

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SMT. KASHAVVA W/O ANNPPA KANAGOND DEAD RESPONDENTS 1 AND 3, WHO ARE ALREADY ON RECORD, ARE THE LEGAL REPRESENTATIVES OF DECEASED RESSPONDENT NO.2.

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ANNAPPA S/O BASAPPA KANAGOND AGED ABOUT. 67 YEARS, OCC. AGRICULTURE BAGALKOT DISTRICT – 587330.

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…RESPONDENTS

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(BY SRI. ANIL KALE, ADV., FOR R1; R2- DEAD, R1 AND R3 ARE LRS OF R2; R3- NOTICE SERVED)

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WP No. 100259 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF CERTIORARI FOR QUASHING THE ORDER DATED 12-122022 PASSED BY THE HON’BLE C/C PRINCIPAL SENIOR CIVIL JUDGE AND JMFC JAMKHANDI ON I.A. FILED U/O. I RULE 10(2) R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR IMPLEADING OF THE PRESENT PETITIONER, IN FDP NO.11/2011 PRODUCED AT ANNEXURE-D2, BY ALLOWING THE SAID I.A. FILED BY THIS PETITIONER FOR IMPLEADING HERSELF.

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

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ORDER

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Captioned writ petition is filed by the petitioner feeling aggrieved by the order of the FDP Court wherein her impleading application is rejected by the FDP Court.

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Before I advert to the facts of the case, I deem it fit to cull out family tree as indicated in the writ petition, which is as follows:

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Basappa (dead)

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Bagawwa (Dead)

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Annappa Doddawwa Gangawwa Gouravva

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WP No. 100259 of 2023

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The respondents 1 and 2, who are the wife and daughter filed a suit for partition against Annappa, who is none other than brother of the present petitioner-Gangawwa herein. The said suit was decreed granting 2/5^th share to respondents 1 and 2.

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It appears that respondent No.3-Annappa to overcome preliminary decree in O.S.No.77/1998, secured a collusive decree in O.S.No.77/2009 and based on collusive decree, the present petitioner who was arrayed as defendant No.2 has now filed impleading application in Final Decree Proceedings.

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Learned counsel appearing for respondents 1 and 2 has placed on record the evidence of respondent No.3Annappa. He has admitted in an unequivocal terms that the subject matter of preliminary decree and the Final Decree Proceedings are the properties, which are allotted to his share. He has also admitted that the family owns in all 7 acres and he has two brothers.

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WP No. 100259 of 2023

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If these significant details are taken into consideration, in all probability, respondent No.3-Annappa, only to deprive the right of his wife and daughter, has set up his sister i.e. petitioner herein. The suit is of the year 1998 and preliminary decree in O.S.No.77/1998 is of the year 2007. If the subject matter of the suit are the properties allotted to respondent No.3-Annappa, this court is unable to understand as to how the petitioner is entitled to contest final decree proceedings when she is not laying any claim in respect of other properties held by other two brothers. Therefore, the FDP Court was justified in rejecting the application. Hence, the present writ petition stands dismissed as devoid of merits.

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In view of disposal of the petition, pending

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interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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SD/JUDGE

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YAN

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List No.: 1 Sl No.: 12

Smt. Gangawwa W/O Parappa Kadapatti v. Smt. Jayashree D/O Annappa Kanagond

Case brief

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Smt. Gangawwa W/O Parappa Kadapatti v. Smt. Jayashree D/O Annappa Kanagond

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