Allowed

Abdulmunaf S/O Abdulrazak Contractor v. Smt. Ratnavva W/O Bharmappa Gouli

Karnataka HC19 Sept 2024WP/101258/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed writ petitions seeking quashing of orders passed by an I.A. Senior Civil Judge in four original suits for specific performance. The court held the addition of impleading applicants was unnecessary to decide issues between plaintiffs and defendants.

What did the court decide?

The writ petitions were allowed. The applications filed under Order I Rule 10(2) read with Section 151 of CPC in all suits were dismissed.

Abdulmunaf S/O Abdulrazak Contractor Vs Smt. Ratnavva… — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO. 101259 OF 2022 (GM-CPC)

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C/W

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WRIT PETITION NO. 101253 OF 2022 WRIT PETITION NO. 101257 OF 2022 WRIT PETITION NO. 101258 OF 2022

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IN WP NO.101259/2022 BETWEEN:

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ABDULMUNAF S/O. ABDULRAZAK CONTRACTOR, AGE: 58 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. SHOP NO.124, MAHATMA GANDHI ROAD, BAGALKOT, TQ: AND DIST: BAGALKOT-587101.

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…PETITIONER

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(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

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AND:

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SAROJA HANGARAKI

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Location: HIGH COURT OF KARANTAKA DHARWAD BENCH

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SMT. GIRIJAVVA W/O. VIRUPAKSHAPPA GOULI URF DEVARSI, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/O. LINE BAZAR, JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. NEELAVVA W/O. IRAPPA GOULI, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. GOULI GALLI, KUMBAR ONI, KALAGHATAGI, TQ: KALAGHATAGI, DIST: DHARWAD-581204.

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SMT. TAYAVVA @ BASAVANNEVA W/O. ISHWAR GOULI, AGE: 63 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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2 - NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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SMT. AVVI @ ASHA D/O. ISHWAR GOULI, AGE: 46 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. MALLAVVA @ REKHA D/O. ISHWAR GOULI, AGE: 39 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. RENUKA D/O. ISHWAR GOULI, AGE: 37 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. SUNITA D/O. ISHWAR GOULI, AGE: 35 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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…RESPONDENTS

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(BY SRI. DAYANAND M. BANDI, ADV. FOR R3-R7; NOTICE TO R2-SERVED; NOTICE TO R1-DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 25.02.2022 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD ON I.A.NO.3 IN O.S.NO.14/2021 VIDE ANNEXURE-D AND TO REJECT THE APPLICATION IN I.A. NO.3 FILED BY RESPONDENTS 3 TO 7 IN O.S.NO.14/2021 AND ETC.

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IN WP NO.101253/2022 BETWEEN:

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ABDULMUNAF S/O. ABDULRAZAK CONTRACTOR, AGE: 58 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. SHOP NO.124, MAHATMA GANDHI ROAD, BAGALKOT, TQ: AND DIST: BAGALKOT-587101.

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…PETITIONER

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(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

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NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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AND:

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SMT. GOURAVVA W/O. GORAKHANATH DEVARSI URF KATTIMANI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. GOULI GALLI, HAVERI, TQ: AND DIST: HAVERI-581110.

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SMT. CHINNA D/O. GORAKHANATH DEVARSI URF KATTIMANI, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, R/O. GOULI GALLI, HAVERI, TQ: AND DIST: HAVERI-581110.

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SMT. DEEPA D/O. GORAKHNATH DEVARSI URF KATTIMANI, AGE: 38 YEARS, OCC: HOUSEHOLD WORK, R/O. GOULI GALLI, HAVERI, TQ: AND DIST: HAVERI-581110.

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MANJUNATH S/O. GORAKHNATH DEVARSI URF KATTIMANI, AGE: 36 YEARS, OCC: MILK VENDOR, R/O. GOULI GALLI, HAVERI, TQ: AND DIST: HAVERI-581110.

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NAGARAJ S/O. GORAKHNATH DEVARSI URF KATTIMANI, AGE: 40 YEARS, OCC: MILK VENDOR, R/O. GOULI GALLI, HAVERI, TQ: AND DIST: HAVERI-581110.

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SMT. TAYAVVA @ BASAVANEEVVA W/O. ISHWAR GOULI, AGE: 63 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. AVVI @ ASHA D/O. ISHWAR GOULI, AGE: 46 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. MALLAVVA @ REKHA D/O. ISHWAR GOULI, AGE: 39 YEARS, OCC: COOLIE,

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NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. RENUKA D/O. ISHWAR GOULI, AGE: 37 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. SUNITA D/O. ISHWAR GOULI, AGE: 35 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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…RESPONDENTS

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(BY SRI. DAYANAND M. BANDI, ADV. FOR R6-R10; NOTICE TO R1-R5 DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 21.02.2022 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, ON IA NO.2 IN OS NO.247/2021 VIDE ANNEXURE-D AND TO REJECT THE APPLICATION IN IA NO.2 FILED BY RESPONDENTS 6 TO 10 IN OS NO.247/2021, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN WP NO.101257/2022 BETWEEN:

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ABDULMUNAF S/O. ABDULRAZAK CONTRACTOR, AGE: 58 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. SHOP NO.124, MAHATMA GANDHI ROAD, BAGALKOT, TQ: AND DIST: BAGALKOT-587101.

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…PETITIONER

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(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

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AND:

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SMT. ANNAPURNA W/O. SAMBHAJI GOULI URG KATTIMANI, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O. GOULI GALLI, KALGHATAGI, DHARWAD-581204.

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SMT. TAYAVVA @ BASAVANNEVA W/O. ISHWAR GOULI, AGE: 63 YEARS, OCC: COOLIE

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5 - NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. AVVI @ ASHA D/O. ISHWAR GOULI, AGE: 46 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. MALLAVVA @ REKHA D/O. ISHWAR GOULI, AGE: 39 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. RENUKA D/O. ISHWAR GOULI, AGE: 37 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. SUNITA D/O. ISHWAR GOULI, AGE: 35 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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…RESPONDENTS

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(BY SRI. DAYANAND M. BANKI, ADV. FOR R2-R6; R1-SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 21.02.2022 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, ON IA NO.2 IN OS NO.245/2021 VIDE ANNEXURE-D AND TO REJECT THE APPLICATION IN IA NO.2 FILED BY RESPONDENTS 2 TO 6 IN OS NO.245/2021, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN WP NO.101258/2022

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BETWEEN:

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ABDULMUNAF S/O. ABDULRAZAK CONTRACTOR, AGE: 58 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. SHOP NO.124, MAHATMA GANDHI ROAD, BAGALKOT, TQ: AND DIST: BAGALKOT-587101.

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…PETITIONER

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(BY SRI. GIRISH A. YADAWAD, ADVOCATE)

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6 - NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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AND:

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SMT. RATNAVVA W/O. BHARMAPPA GOULI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O. GOULI GALLI, YELLAPUR, TQ: AND DIST: UTTAR KANNADA-581359.

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SMT. TAYAVVA @ BASAVANNEVA W/O. ISHWAR GOULI, AGE: 63 YEARS, OCC: COOLIE R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. AVVI @ ASHA D/O. ISHWAR GOULI, AGE: 46 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. MALLAVVA @ REKHA D/O. ISHWAR GOULI, AGE: 39 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580 001.

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SMT. RENUKA D/O. ISHWAR GOULI, AGE: 37 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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SMT. SUNITA D/O. ISHWAR GOULI, AGE: 35 YEARS, OCC: COOLIE, R/O. JAKANI BHAVI, GOULI GALLI, DHARWAD-580001.

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…RESPONDENTS

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(BY SRI. DAYANAND M. BANKI, ADV. FOR R2-R6; R1-SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 21.02.2022 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD, ON IA NO.2 IN OS NO.246/2021 VIDE ANNEXURE-D AND TO REJECT THE APPLICATION IN IA NO.2 FILED BY RESPONDENTS 2 TO 6 IN OS NO.246/2021, IN THE INTEREST OF JUSTICE AND EQUITY.

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7 - NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

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Heard the learned counsel for the petitioners

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and the learned counsel for the respondents.

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The present writ petitions are filed praying the Court to quash the order in allowing the applications filed under Order I Rule 10(2) read with Section 151 of CPC in all the matters in respective original suits.

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The main contention of the petitioners before this Court is that the suit is filed for the relief of specific performance against the defendants, in which suit the respondents have come up with an application to come on record only on the ground that they are having right in respect of the suit schedule property and already there was a decree in their favor and hence they are necessary parties. The Trial Court committed an error in allowing the application in coming to the conclusion that there was a

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NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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decree in favor of them in O.S.No.139/2005 and also Court comes to the conclusion that the Court may at any stage of the suit direct addition of parties. A party can be joined as defendant even though the plaintiff does not think that he has any cause of action against him. Hence, the very approach of the Trial Court is erroneous.

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The counsel in support of this argument also relied upon the judgment of this Court passed in Writ Petition No.100847/2024 and brought to notice of this Court Para No.3, wherein discussion was made and held that in a suit for specific performance necessary parties are only the parties to the contract and not anybody else.

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The counsel appearing for the petitioners would also submit that he is not seeking any relief against the impleading applicants as they have not executed any agreement and only agreement is executed by the defendants in the respective suits and in respect of their claims and hence the impugned order is erroneous.

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9 - NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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Per contra, counsel appearing for the

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respondents also does not dispute the fact that earlier decree was set aside and matter was remanded to the Trial Court and the issue with regard to the share is concerned in respect of the impleading applicant is also yet to be decided in view of the remand made by the Court and same is pending for consideration and apart from that when the suit is filed for the relief of specific performance based on the contract between the plaintiffs and defendants inter se, the issue has to be decided the inter se the plaintiffs and defendants as to whether there was an agreement of sale or not.

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When such being the case and when the suit is limited for contract between the plaintiff and defendants, there was no need of these petitioners to come on record and also counsel appearing for the petitioners would contend that they are not claiming any right in respect of the impleading applicant share and only based on the agreement executed by other persons, the suit was filed.

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10 - NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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The counsel appearing for the respondents

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would contend that even the defendants are also not having any share in respect of the suit schedule property and the same has to be adjudicated before the concerned Court and in a suit for specific performance, the presence of the impleading applicant is not necessary to decide the issues involved between both of them and hence the Trial Court has committed an error in coming to the conclusion that at any stage the parties can be added and while adding the parties also, whether they are proper party or necessary party, ought to have been taken note of by the Trial Court and the same has not been considered and hence the impugned order passed by the Trial Court in all the suits is liable to be quashed.

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In view of the above, I pass the following:

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ORDER

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The writ petitions are allowed.

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11 -

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NC: 2024:KHC-D:13388 WP No. 101259 of 2022 C/W WP No. 101253 of 2022 WP No. 101257 of 2022 WP No. 101258 of 2022

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Consequently, the application filed under Order I

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Rule 10(2) read with Section 151 of CPC in the respective suits is dismissed.

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The outcome of the said suits shall not affect the

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rights of the impleading applicants.

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Sd/(H.P.SANDESH) JUDGE

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SH CT-MCK List No.: 2 Sl No.: 8

Abdulmunaf S/O Abdulrazak Contractor v. Smt. Ratnavva W/O Bharmappa Gouli

Case brief

What is this about?

What did the court decide?

Abdulmunaf S/O Abdulrazak Contractor v. Smt. Ratnavva W/O Bharmappa Gouli

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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