Karnataka High Court
Sri. Shanmukh S/O Gulappa Bendigeri vs Smt. Saroja W/O Channabasappa ... on 17 December, 2024
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NC: 2024:KHC-D:18314
WP No. 107490 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.107490 OF 2024 (GM-CPC)
BETWEEN:
1. SRI. SHANMUKH S/O.GULAPPA BENDIGERI,
AGE: 61 YEARS, OCC: BUSINESS,
R/O: KUSUGAR, TQ: HUSUGAL,
DIST: DHARWAD.
2. ANUPAMA W/O. PRAKASH KUBASAD,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK
R/O: KESHWAPUR, HUBBALLI,
DIST: DHARWAD.
3. SMT. PRIYA W/O. GANAPATSA METRANI,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O: JAGADISH NAGAR, HEGGERI,
OLD- HUBBALLI, HUBBALLI,
DIST: DHARWAD.
4. SMT. REKHA W/O. BASAVARAJ KORALAHALLI,
Digitally signed by
AGE: 42 YEARS, OCC: PVT. SERVICE,
VISHAL
NINGAPPA R/O: INDRAPRASTA NAGAR, HEGGERI,
PATTIHAL
Location: High OLD- HUBBALLI, HUBBALLI,
Court of Karnataka
DIST: DHARWAD.
5. SMT. PARVATI W/O. ESHWARAPPA JANAGONDANAVAR,
AGE: 48 YEARS, OCC: PVT. SERVICE,
R/O: VISHAL NAGAR, GUDIHAL ROAD,
OLD-HUBBALLI, HUBBALLI,
DIST: DHARWAD.
6. SMT. RENUKA W/O. SHASHIDHAR GORPADE,
AGE: 37 YEARS, OCC: PVT. SERVCIE,
R/O: B-7, SAGAR COLONY,
KUSUGAL FLOAD, HUBBALLI,
DIST: DHARWAD.
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7. SRI. NIKHIL S/O. SUNILKUMAR HORATTI,
AGE: 25 YEARS, OCC: BUSINESS,
R/O: ANAND NAGAR ROAD, GURUNATH NAGAR,
OLD-HUBBALLI, HUBBALLI,
DIST: DHARWAD.
8. SRI. SHRIDHAR S/O. SHIVALINGAPPA CHALWADI,
AGE: 33 YEARS, OCC: PVT. SERVICE,
R/O: II CROSS, RAMNAGAR,
HUBBALLI, DIST: DHARWAD.
9. SMT. GEETA W/O. GANESH PUJAR .
AGE: 42 YEARS, OCC: HOUSEHOLD WORK,
R/O: SAI NAGAR ROAD,
SIDDESHWAR NAGAR, UNKAL,
HUBBALLI, DIST: DHARWAD.
10. SRI. HUSSAINSAB S/O. MD. SHARIF HOMBAL,
AGE: 44 YEARS, OCC: BUSINESS,
R/O: SIDDESHWAR NAGAR,
SAI NAGAR ROAD, UNKAL, HUBBALLI,
DIST: DHARWAD.
11. SRI. BASAVARAJ S/O. NINGAPPA HOSUR,
AGE: 36 YEARS, OCC: DRIVER,
R/O: BALAGER ONI, UNKAL, HUBBALLI,
DIST: DHARWAD.
12. SMT. VIJAYALAXMI W/O. RAVI DASAR,
AGE: 32 YEARS, OCC: PVT. SERVICE,
R/O: SWAGAT COLONY, KUSUGAL ROAD,
HUBBALLI, DIST: DHARWAD.
13. SRI. RAGHAVENDRA S/O. SADASHIV DASAR,
AGE: 23 YEARS, OCC: AGRICULTURE,
R/O: BASAVANABAGEWADI, DIST: BELAGAVI,
DIST: DHARWAD.
14. SMT. SHRIDEVI
W/O. MAHENDRA BADACHE URF MORABM,
AGE: 33 YEARS, OCC: PVT. SERVICE,
R/O: SAGAR COLONY, KUSUGAL ROAD,
HUBBALLI, DIST: DHARWAD.
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15. SRI. UPENDRA S/O. SUBHAS VASTER,
AGE: 23 YEARS, OCC: BUSINESS,
R/O: SAGAR COLONY, KUSUGAL ROAD,
HUBBALLI, DIST: DHARWAD.
16. SRI. RAMESH S/O. BASAPPA KARSHETTI,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: DODDA ONI, KUSUGAL,
TQ: HUBBALLI, DIST: DHARWAD.
17. SRI. DUNDAPPA GURAPPA KARADDI,
AGE: 56 YEARS, OCC: PVT. SERVICE,
R/O: HEMARADDI MALLAMMA COLONY,
KUSUGAL ROAD, HUBBALLI, DIST: DHARWAD.
18. SMT. PARVEEN BANU NOORUL,
AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
R/O: F-9, L KUDURE SHED,
B.R.P SINGH HOUSE, SHIVAMOGGA,
DIST: SHIVAMOGGA.
19. SRI. S. NOORUL S/O. SAYEDPEER,
AGE: 33 YEARS, OCC: PVT. SERVICE,
R/O: F-9, L KUDURE SHED,
B.R.P SINGH HOUSE, SHIVAMOGGA.
DIST: SHIVAMOGGA.
20. SRI. GANESH S/O. SHANKRAPPA SAUNSHI ,
AGE: 34 YEARS, OCC: PVT. SERVICE,
R/O: MAHALAXMI LAYOUT, KESH WAPUR,
HUBBALLI, DIST: DHARWAD.
21. SMT. AMRUTA W/O. PRATAP SALUNKE,
AGE: 34 YEARS, OCE: HOUSEHOLD WORK,
R/O: MAHALAXMI LAYOUT, KESH WAPUR,
HUBBALLI, DIST: DHARWAD.
22. SMT. SHARADHA W/O. DEVADAS GANDAM,
AGE: 49 YEARS, OCC: HOUSEHOLD,
R/O: 690/A, VIDYARANYANAGAR,
GADAG ROAD, HUBBALLI, DIST: DHARWAD.
23. SRI. UDAY S/O. SHRIKANTH AACHAR ,
AGE: 48 YEARS, OCC: PVT. SERVICE,
R/O: #62, SAGAR COLONY, GANDHIWADA,
KUSUGAL ROAD, HUBBALLI, DIST: DHARWAD.
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24. SMT. MAMATHA W/O. VIJAY AACHAR,
AGE: 50 YEARS, OCC: HOUSEHOLD WORK,
R/O: SAGAR COLONY, NEAR SHIVAGANGA LAYOUT,
GADAG ROAD, HUBBALLI.
25. SRI. YALLAPPA S/O. YAMANAPPA INGALE,
AGE: 32 YEARS, OCC: BUSINESS,
R/O: #23, SAGAR COLONY,
KUSUGAL ROAD, HUBBALLI, DIST: DHARWAD.
26. SMT. RUKMINI W/O. MANJUNATH INGALE,
AGE: 37 YEARS, OCC: BUSINESS,
R/O: #25, SAGAR COLONY,
KUSUGA ROAD, HUBBALLI, DIST: DHARWAD.
27. SRI. NAMADEV S/O. PISAPPA INGALE,
AGE: 45 YEARS, OCC: BUSINESS,
R/O: SAGAR COLONY, KUSUGAL ROAD,
HUBBALLI, DIST: DHARWAD.
28. SMT. BASAVVA W/O. FAKKIRAPPA CHAKLABBI ,
AGE: 37 YEARS, OCC: PVT. SERVICE,
R/O: JANATA QUARTERS, KUSUGAL ROAD,
HUBBALLI, DIST: DHARWAD.
29. SMT. ROSMERI W/O. ROBERT LAZEV,
AGE: 42 YEARS, OCC: PVT. SERVICE,
R/O: MYAGERI BUILDING, SWAGAT COLONY,
MANOJ PARK, KESHWAPUR,
HUBBALLI, DIST: DHARWAD.
30. SMT. MARGRET W/O. DEVARAJ GUNJAL,
AGE: 48 YEARS, OCC: PVT. SERVICE,
R/O: MANGAL ONI, KARWAR ROAD,
HUBBALLI, DIST: DHARWAD.
31. SMT. MARTHA W/O. DAVID TUPPE,
AGE: 62 YEARS, OCC: PVT. SERVICE,
R/O: JANATA COLONY, KUSUGAL ROAD,
HUBBALLI, DIST: DHARWAD.
32. SRI. RITHIK S/O. RAKESH DUMAKNAL,
AGE: 21 YEARS, OCC: PVT. SERVICE,
R/O: #F-13, SHABARI NAGAR,
KUSUGAL ROAD, KESHWAPUR, HUBBALLI.
DIST: DHARWAD.
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33. SRI. DANESHWAR S/O. UDACHAPPA GONDALI,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: DEVANGPET, GOPPANKOPPA,
HUBBALLI, DIST: DHARWAD.
34. SMT. YAMUNA W/O. SIDDAPPA MASKI,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: #16, SAGAR COLONY, KESHWAPUR,
HUBBALLI, DIST: DHARWAD.
35. SILPA D/O SIDDAPPA MASKI,
AGE: 24 YEARS, OCC: PVT. SERVICE,
R/O: #16, SAGAR COLONY,
KESH WAPUR, HUBBALLI, DIST: DHARWAD.
36. SRI. MANEM VENKATARAMAN SO M.P.OBAYYA,
AGE: 58 YEARS, OCC: GOVT. SERVICE,
R/O: H NO. 103/B/1, IGRAJWADDO,
MAJORDA, SOUTH GOA.
37. SMT. UMA MAHESHWARI
W/O. VENKATARAMAN MANEM ,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O: H NO. 103/B/1, IGRAJWADDO,
MAJORDA, SOUTH GOA.
38. SRI. RAJSHEKHAR S/O, RAJGOPAL NAIDU,
AGE: 60 YEARS, OCC: BUSINESS,
R/O: #3C/3C, R.C. COLONY, ST. PAUL CHURCH,
GADAG ROAD, HUBBALLI, DIST: DHARWAD.
39. SMT. GOUSIYA D/O. KADARBASHA KORDUV,
AGE: 31 YEARS, OCC: HOUSEHOLD WORK ,
R/O: ART NAGAR, R.N.SHETTY HOAD,
GOKUL ROAD, HUBBALLI, DIST: DHARWAD.
40. SMT. VANITHA W/O. VIJAYKUMAR ,
AGE: 47 YEARS, OCC: HOUSEHOLD WORK,
R/O: #49/51, BHUVANESHWARI NAGAR,
KESHWAPUR, HUBBALLI, DIST: DHARWAD.
41. SMT. RENUKA W/O. UDAYKUMAR MORE,
AGE: 42 YEARS, OCC: KSRTC SERVICE,
R/O: WIVERS COLONY, OPP KSRTC DEPOT,
AANEKAL, BENGALURU.
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42. SMT. TULASA W/O. MARUTI BANI,
AGE: 44 YEARS, OCC: HOUSEHOLD WORK,
R/O: #17, JANATA QUARTERS,
VAMBE PLOT, KUSUGAL ROAD,
KESHWAPUR, HUBBALLI, DIST: DHARWAD.
43. SRI. MANJUNATH S/O. MARUTI BARI ,
AGE: 29 YEARS, OCC: PVT. SERVICE
R/O: #17, JANATA QUARTERS,
VAMBE PLOT, KUSUGAL ROAD,
KESHWAPUR, HUBBALLI, DIST: DHARWAD.
44. SRI. SURESH S/O. AMBADAS BANSIDE,
AGE: 51 YEARS, OCC: PVT. SERVICE,
R/O: #F-13, SHABARI NAGAR,
KUSUGAL ROAD, HUBBALLI, DIST: DHARWAD.
45. SRI. ANILKUMAR S/O. AMBADAS BANSIDE,
AGE: 39 YEARS, OCC: PVT. SERVICE,
R/O: #F-13, SHABARI NAGAR,
KUSUGAL ROAD, HUBBALLI, DIST: DHARWAD.
46. SRI. NAGARAJ S/O. YOGANANDAPPA ANAND ,
AGE: 47 YEARS, OCC: BUSINESS,
R/O: #103, VASANT NAGAR,
KUSUGAL ROAD, HUBBALLI, DIST: DHARWAD.
47. SMT. PADMAVATI D/O. NEELAPPA UMACHAGI,
AGE: 41 YEARS, OCC: RAILWAY SERVICE,
R/O: RAILWAY QUARTERS, CEMENT CHAWL,
GADAG ROAD, HUBBALLI, DIST: DHARWAD.
48. SRI. SHARANABASAPPA S/O. ANDAPPA MYAGERI ,
AGE: 61 YEARS, OCC: RETIRED,
R/O: #3E, SHABARI NAGAR,
KUSUGAL ROAD, HUBBALLI, DIST: DHARWAD.
49. SMT. KALAVATHI W/O. MARUTI MORAB,
AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
R/O: 4TH CROSS, RAMNAGAR, HUBBALLI,
DIST: DHARWAD.
50. SRI. SIDDAPPA S/O. MARUTI MORAB ,
AGE: 30 YEARS, OCC: PVT. SERVICE,
R/O: 4TH CROSS, RAMNAGAR, HUBBALLI,
DIST: DHARWAD.
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51. SMT. MANJULA W/O RAVI MANTRI
AGE: 36 YEARS, OCC: HOUSEHOLD WORK,
R/O: #119, CHAMUNDESHWARI NAGAR,
NEAR RAJNAGAR, HUBBALLI.
52. SMT. CHAPPIDI DANAMMA W/O NARASIMHARAO
AGE: 54 YEARS, OCC: GOVT. SERVICE,
R/O: 9-2UU-1, 2ND LINE,
PODILI PRAKASHAM, ANDHRAPRADESH.
53. PENDYAM NAVEENKUMAR S/O NARASIMHARAO
AGE: 19 YEARS, OCC: STUDENT,
R/O: 9-2UU-1, 2ND LINE,
PODILI PRAKASHAM, ANDHRAPRADESH.
54. SRI. GANESHGOUDA S/O JATTUGONDA
AGE: 41 YEARS, OCC: GOVT. SERVICE,
R/O: #B-200, BAGGONI POST,
KALBAGH, TQ:KUMTA U.K.
55. SRI. PRAKASH GUNDURAO BADACHI
AGE: 39 YEARS, OCC: GOVT. SERVICE,
R/O: 6-7/B, SAGAR COLONY,
GADAG ROAD HUBBALLI, DIST: DHARWAD.
56. SMT. SUBHADRA W/O PRAVEENKUMAR,
AGE: 38 YEARS, OCC: GOVT. SERVICE,
R/O: BASAVESHWAR NAGAR, 5TH MAIN,
TARALABALU KALYAN MANTAP, HIREKERUR,
TQ: HIREKERUR, DIST: HAVERI.
...PETITIONERS
(BY SRI. SUNIL S DESAI,ADVOCATE)
AND:
SMT. SAROJA
W/O. CHANNABASAPPA HONNANAIKAR,
AGE ABOUT: 45 YEARS,
OCC: AGRICULTURE, R/O: MANAKWAD,
TQ: NAVALGUND, DIST: DHARWAD.
...RESPONDENT
(BY SRI. ,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
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WP No. 107490 of 2024
CERTIORARI QUASHING THE IMPUGNED ORDER PASSED IN
IA NO.8/2023 BY THE PRINCIPAL SENIOR CIVIL JUDGE HUBBALLI,
DATED 10-07-2024 IN O.S. NO. 206/2020 VIDE ANNEXURE-H AS
ILLEGAL AND VOID, IN THE INTEREST OF JUSTICE AND EQUITY.
AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed calling in question the order dated 10.07.2024 passed on I.A.No.8 in O.S.No.206/2020 by the Principal Senior Civil Judge, Hubli1.
2. The relevant facts in brief leading to the present writ petition are that the respondent/plaintiff instituted a suit in O.S.No.206/2020 seeking for partition and other reliefs. In the said suit, the respondent-plaintiff filed I.A.No.8 under Order I Rule 10(2) read with Section 151 of the Code of 1 Hereinafter referred to as "the Trial Court" -9-
NC: 2024:KHC-D:18314 WP No. 107490 of 2024 Civil Procedure, 19082 seeking to implead proposed defendants 7 to 62 as parties to the suit. Objection to I.A.No.8 was filed by the proposed defendant No.7 and said objection was adopted by other proposed defendants 8 to 62. The Trial Court, by its order dated 10.07.2024, allowed I.A.No.8. Being aggrieved, the present writ petition is filed by the proposed defendants 7 to
62.
3. It is the vehement contention of the learned counsel for the petitioners that the properties purchased by them are the self-acquired properties of the defendant No.1 to 3 and some of the properties have been alienated prior to 20.12.2024. It is further contended that the proposed defendants 7 to 62 are not necessary parties to the suit for partition and hence, the order passed by the Trial Court is erroneous and liable to be interfered with. It is further contended that I.A.No.8 is filed only to protract the proceedings and to coerce the petitioners into settlement and hence, the learned counsel for the petitioners seeks for allowing the present writ petition and to grant relief as sought for. 2 Hereinafter referred to as "CPC"
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4. The submissions of the learned counsel for the petitioner have been considered and the materials on record have been perused.
5. The Trial Court while considering I.A.No.8 has noticed that the defendants 1 to 3 have formed layout and sold the suit property to the proposed defendants 7 to 62 through registered sale deeds. Further, the Trial Court while considering I.A.No.8 has recorded the following finding:
"7.The proposed defendants have not disputed the relationship with plaintiff and defendants No.1 and 2 and also they have not disputed that the father of plaintiff has purchased the suit property. The plaintiff is a daughter of Shivappa and sister of defendants No.1 to 3. Without consent and knowledge of plaintiff the defendants have formed layout and sold out the suit property to the proposed defendants through registered sale deed. The Hon'ble Supreme Court in Vineetha Sharma vs Rakesh Sharma judgment held that the daughter is having equal right with son in respect of co- parcenery property if the partition, alienation not took place before 20.12.2004. In the present case all transaction took place after 20.12.2004 in respect of the suit property. The proposed defendants are purchasers having interest in the suit properties. Those persons are necessary
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NC: 2024:KHC-D:18314 WP No. 107490 of 2024 parties in order to decide the rights of the parties in respect of suit property. Without making them as parties in the suit proceedings decree cannot be effectively executed. Their presence is necessary."
(emphasis supplied)
6. It is clear and forthcoming from the aforementioned that the proposed defendants claim through defendants 1 to 3 and the suit property having been converted and sold as sites, any other passed by the Trial Court in the suit would affect the rights of the proposed defendants 7 to 62. It is further pertinent to note that the plaintiff herself having filed I.A.No.8 to implead the proposed defendants 7 to 62 and the plaintiff being a dominus litis, the Trial Court was justified in noticing that the plaintiff being a daughter of the propositus, having a right in the suit property in view of the judgment of the Hon'ble Supreme Court in the case of Vineeta Sharma v. Rakesh Sharma and others3, the proposed defendants are necessary parties in order to decide the rights of the parties in the suit and that without making the proposed defendants as parties to the suit, the decree cannot be effectively executed. 3 AIR 2020 SC 3717
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7. Although it is vehement contention of the learned counsel for the petitioners that the petitioners- proposed defendants 7 to 62 are not necessary parties to the suit, in view of the fact that I.A.No.8 has been filed by the plaintiff and any order passed in the suit would affect the rights of defendants 7 to 62 and having regard to the finding of the Trial Court that any decree cannot be effectively executed without the presence of the proposed defendants 7 to 62, the petitioners have failed in demonstrating that the order passed by the Trial Court is erroneous and liable to be interfered with in the present writ petition.
8. Hence, the writ petition is dismissed as being devoid of merits.
Sd/-
(C.M. POONACHA) JUDGE YAN/CT-ASC, List No.: 1 Sl No.: 48