S Patalappa S/O Late Sanjeevappa vs Sri Nagaraj on 14 September, 2011

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Karnataka High Court

S Patalappa S/O Late Sanjeevappa vs Sri Nagaraj on 14 September, 2011

Bench: K.Sreedhar Rao

IN THE HIGH COURT OF KARNATAKA, BANGALORE.
DATED THIS THE 14°™ DAY OF SEPTEMBER, 2011
BEFORE

THE HON'BLE MR_.JUSTICE K SREEDHAR RAO .

WRIT PETITION NO 0: 21725/2010 1GM-CPC) oS

S. PATALAPPA,
5/0. LATE SANJE CEEVAPPAy,
AGED ABOUT 72 YEARS). 7 |
R/A NO.372.
BHAKTA KANAKADASA ROA! Dy
KALKERE, HORAMAVU POST,
BANGALORE-560048..
(BENEFIT OF SENIOR Crna oN NOT Cla AIMED)
PETITIONER
(BY SRI V, JAV AMAR BABUS ADV OSA i TE)

AND:-

. SRI NAG ARAG, :
S/O, LATE PATALAPPA,
A GE fy ABOUT.55 YEARS,
. ORAAE NO, 118, OLD POLICE STATION ROAD,
_  KRISHNARAJAPURAM [K.R. PURAM),
my BANG AL ORE- 160036,

"SRBC SEMPAIAH,
S/O. LATE CHIKKABODAPPA,
AGED: ABOUT 83 YEARS.

Ba

3. SMT. SH ARADAMMA,

* W/O LATE MUDDANNA,
©» AGED ABOUT 63 YEARS.



4. SRI HANUMANTHAPPA,
SINCE DECEASED BY HIS LES,

SMT. PILLAMMA,
W/O. LATE KEMPAIAN,
AGED ABOUT 63 YEARS.

eas

SMT KENCHAMMA,
W/O. MOTAPPA,
AGED ABOUT 73 YEARS,

6. SRE HUCHA HANU MANTHAPPA.
S/O. LATE BADAGAPPA, ;
AGED ABOUT 53 YEARS,

SRI SANJEEVAPPA, --
3/0. LATE MOTAPPA,
AGED ABOUT 78 YE ARS,

womnal

R2 TO RP ARE BESIDEN rs OF
BILISHIVALE VILL: AE
BIDARAHALLII fOBLI 1,
BANGALORE EA. ST T ALUK

SMT. CHANDRAMMA.
W/O. LATE LAKKAPPA:.
AGED ABOUT 38 YEARS,

"9. SRLKEMPAIAH,"
S/O. LATE, DODDAMUNISHAMAPPA,
» AGED ABOUT 68 YEARS,

-- R8 & RARE RESIDENTS OF
KALKERE VILLAGE,
K.R.PURAM HOBLI,
BANGALORE SAST TALUK.
-- RESPONDENTS

(BY SRI M.B. SHANKARE GOWDA, ADVOCATE R3 TO RS} (BY SRE RAGHAVENDRA N.UB., ADVOCATE FOR R31} . {BY SRI HARISH T.. ADVOCATE FOR R2 TO R7) es a THIS W.P. ES PILED UNDER ARTICLES 226 & 327 OF THE CONSTPPUTION OF INDIA WITH A PRAYER TO CALL POR THE RECORDS AND QUASH THE ORDER PASSED By THE COURT OF THE TH ADDITONAL CITY CIVIL JUDGE™.. (SR. DN), BANGALORE RURAL DISTRICT AT BANGALORE». ON JTA-H DATED 10.06.2010 {(ANNEXURE.-H). IN.

O.5.NO.1170/2007 AND CONSE QUEN' PLY: AL LOW, ja NOD 4 AND ETC. me This petition is coming for preliminary hearing in B' group on this day, the Court mace ib 1€ lollow ing: - 3 The first respondent. -- plaintiff, filed & siuit for partition against respondeats, 2 ' to. ¥, The petiiioner filed an application under. Geder t. Paute . 2012) cpc in the suit to get impleaded..on ty : gi found that he-is thie owner of the land to the extern of 4 acres in Sy.No.A7 and his property is also included in the partition, . "Therefore, he sought to be _implea: ded-. to contest the case on the ground that his property cannot be the subject matter for partition. The plairiith ~ - de fend ant did not file objections. The petitioner although - Set aup independent right over a portion of the ~~ stoperty in is question, however, he cannot be considered as : nota proper and necessary party because the petitioner as 'a.parly to the suit can establish his right to the extent of 4 ont %

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