Karnataka High Court
Smt. V Shanthalakshmi Jayaram W/O Late ... vs Smt. V Anu Alkunte D/O Late Srio. Vakil ... on 24 August, 2023
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NC: 2023:KHC-D:9466
WP No. 103801 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 103801 OF 2021 (GM-CPC)
BETWEEN:
1. SMT. V. SHANTHALAKSHMI JAYARAM,
W/O. LATE SRI V.N. JAYARAM,
AGED 68 YEARS,
R/AT VIJAYA NAGARA COLONY,
CANTONMENT, BALLARI-583104.
2. SMT. V. RAJESHWARI,
D/O. LATE SRI V.N. JAYARAM,
W/O. LATE SRI SHANKAR,
AGED 43 YEARS,
R/AT VIJAYA NAGARA COLONY,
CANTONMENT, BALLARI-583104.
3. SMT. V. REENA,
D/O. LATE SRI V.N. JAYARAM,
W/O. SRI SANDIL,
AGED 41 YEARS,
MOHANKUMAR R/AT VIJAYA NAGARA COLONY,
B SHELAR
CANTONMENT, BALLARI-583104.
Digitally signed by
MOHANKUMAR B
SHELAR
Location:
4. SRI J. MITHILESHWARA,
DHARWAD
Date: 2023.08.29
16:22:27 -0700
S/O. LATE SRI V.N. JAYARAM,
AGED 39 YEARS,
R/AT VIJAYA NAGARA COLONY,
CANTONMENT, BALLARI-583104.
...PETITIONERS
(BY SRI K. RAGHAVENDRA RAO AND SMT. V. VIDYA,
ADVOCATES)
AND:
1. SMT V. ANU ALKUNTE,
D/O. LATE SRI VAKIL SHIVANNA
@ V. PEDDA SHIVANNA,
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W/O. ARVIND ALKUNTE,
AGED 52 YEARS, R/AT 15/C, ADITHYA NAGAR,
BIJAPUR ROAD, SOLAPUR
MAHARASHTRA STATE-413004.
2. SMT V. AARATHI DANDELI,
D/O. LATE SRI VAKIL SHIVANNA
@ V. PEDDA SHIVANNA,
W/O. LATE SRI R.C. NAGESH DANDELI,
AGED 49 YEARS, R/AT H. NO. 17, "SAI NIVAS",
BHARATH COLONY, VIDHYA NAGAR, HUBLI,
DHARWAD DISTRICT-580021.
3. SRI V.S. AJAY RAJ,
S/O. LATE SRI VAKIL SHIVANNA
@ V. PEDDA SHIVANNA,
AGED 46 YEARS,
R/AT C/303, "GAGAN GOWRAVI APARTMENTS 15",
2ND MAIN ROAD, KAVAL BYRASANDRA,
BENGALURU-560032.
4. SMT ARUNDATHI,
D/O. LATE SRI VAKIL SHIVANNA
@ V. PEDDA SHIVANNA,
AGED 43 YEARS, R/AT A-102, TSHIE APARTMENTS,
MODI BAGH, PUNE-16,
MAHARASHTRA STATE-411001.
5. SMT V. RENU SABLE,
D/O. LATE SRI VAKIL SHIVANNA
@ V. PEDDA SHIVANNA,
W/O. SRI YESHWANTH SABLE,
AGED 40 YEARS, R/AT PLOT NO. 5,
VASARITH UR, BANIYAR, PUNE,
MAHARASHTRA STATE-411047.
6. V. NAGARAJA, S/O. LATE SRI V. NAGAPPA,
AGED 38 YEARS, BUSINESSMAN,
R/AT C-27, II WARD, GLASS BAZAAR,
BALLARI-583102.
7. SMT. V. PARVATHI, D/O. LATE SRI V. LAKSHMANA,
W/O. SRI VENKAT SWAMY
AGED 62 YEARS, HOUSEWIFE,
R/AT SINGAPURA VILLAGE,
SINGHANUR TALUK,
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RAICHUR DISTRICT-583229.
8. SMT V. KRISHNA KUMARI,
D/O. LATE SRI V. LAKSHMANA,
W/O. V.R. HEMANTH RAJ,
AGED 61 YEARS,
HOUSEWIFE, R/O NO. 147/2,
10TH MAIN, 10TH CROSS,
NANDANAM COLONY, HORAMAVU MAIN ROAD,
BENGALURU-560043.
9. SMT. V. PADMA, D/O. LATE SRI V. LAKSHMANA,
W/O. LATE V. SRINIVAS,
AGED 59 YEARS,
R/AT NEAR GANESHA TEMPLE,
15TH WARD, DONAPPA STREET, VADDARA BANDA,
BALLARI-583101.
10. V. THIMMA RAJU, S/O. LATE SRI V. LAKSHMANA,
AGED 59 YEARS, R/AT NEAR GANESHA TEMPLE,
15TH WARD, DONAPPA STREET, VADDARA BANDA,
BALLARI-583101.
11. SMT. V. MA DEVI, D/O. LATE SRI V. LAKSHMANA,
W/O. SRI PRAKASH BAIRWADGI,
AGED 55 YEARS, R/AT SANGAMESHWAR NAGAR,
TANGADI ROAD,
MUDEBIHAL TALUK, VIJAYAPURA DISTRICT-586212.
12. SMT. V. SUREKHA, D/O. LATE SRI V. LAKSHMANA,
W/O. SRI ERANNA, AGED 51 YEARS,
R/AT PLOT NO. 22 WARD NO. 25/35,
BEHIND HOTEL POLA PARADISE,
NEAR NAGALA KERI,
RAMNAGARA, BALLARI-583102.
13. SMT. V. NIRMALA, D/O. LATE SRI V. LAKSHMANA,
W/O. SRI MADUSUDHAN, AGED 48 YEARS,
R/AT ROOM NO. 8, TYPE 5,
BHAKTHI SAGAR CO-OPERATIVE SOCIETY,
DHATAVA VILLAGE, ROHA TALUK,
RAIGHAD DISTRICT, MAHARASHTRA STATE-402116,
14. V. RAJESH, S/O. LATE SRI V. LAKSHMANA,
AGED 46 YEARS, R/AT NEAR GANESHA TEMPLE,
15TH WARD, DONAPPA STREET, VADDARA BANDA,
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BALLARI-583101.
15. V. RAKESH, S/O. LATE SRI V. LAKSHMANA,
AGED 46 YEARS, R/AT NEAR GANESHA TEMPLE,
15TH WARD, DONAPPA STREET, VADDARA BANDA,
BALLARI-583101.
16. SMT. VARALAKSHMI, W/O. LATE SRI V. DHARMARAJ,
AGED 62 YEARS, R/AT NEAR GANESHA TEMPLE,
15TH WARD, DONAPPA STREET, VADDARA BANDA,
BALLARI-583101.
17. V. JAGADEESH, S/O. LATE SRI V. DHARMARAJ,
AGED 44 YEARS, R/AT NEAR GANESHA TEMPLE,
15TH WARD, DONAPPA STREET, VADDARA BANDA,
BALLARI-583101.
18. SMT. V. MANJULA, D/O. LATE SRI V. DHARAMARAJ,
W/O. V. RAMESH, AGED 42 YEARS,
R/AT PLOT NO. 309, RAGHAVENDRA COLONY STAGE,
BALLARI-583102.
19. SRI V. HANUMANTHAPPA, S/O. LATE SRI V. HULUGAPPA,
AGED 89 YEARS, R/AT 15TH WARD,
DONAPPA STREET, VADDARA BANDA,
BALLARI-583101.
20. V. SANNA SANJEEVAMMA, D/O. LATE SRI V. HULUGAPPA,
W/O SRI T.R. RAJU, AGED 85 YEARS,
R/AT PLOT NO. 609, DOOR NO. G-106,
DOCTOR STREET, ARIGNAR ANNA NAGAR,
NEAR CHINTAMANI MARKET, CHENNAI- 600102.
21. V. SUNITHA, W/O. LATE SRI SRINIVASULU,
AGED 38 YEARS, R/AT GROUND FLOOR,
DOOR NO. 151, WARD NO. 14,
ROOPANAGUDI ROAD, BALLARI-583102.
22. V. VIJAYALAKSHMI, D/O. LATE SRI V. CHANDRAKUMAR,
W/O. PRAKASH, AGED 44 YEARS,
R/AT DOOR NO. 152, WARD NO. 14,
ROOPANAGUDI ROAD, BALLARI-583102.
23. V. KIRAN, S/O. LATE SRI V. CHANDRAKUMAR,
AGED 41 YEARS, R/AT 1ST FLOOR,
DOOR NO. 151, WARD NO. 14,
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ROOPANAGUDI ROAD, BALLARI-583102.
24. SMT. BHAGYA LAKSHMI,
D/O. LATE SRI V. CHANDRAKUMAR,
W/O. V. GOVINGARAJULU, AGED 36 YEARS,
R/AT KAKARLA THOTA, WARD NO. 5,
BALLARI-583103.
25. SMT. V. NEELAMMA, D/O. LATE SRI V. HULUGAPPA,
W/O. NARAYANAPPA, AGED 76 YEARS,
R/AT BESIDE NANDI HONDA SHOWROOM,
OPP: HLC OFFICE, HOSAPETE ROAD,
BALLARI-583103.
26. SRI V. JAYARAM, S/O. LATE SRI V. KANCHI RAJ,
AGED 42 YEARS, R/AT NEAR SRIRAMA TEMPLE,
SRIRAMAPURA COLONY, ROOPANAGUDI ROAD,
BALLARI-583102.
27. V. MAHESH, S/O. LATE SRI V. KANCHI RAJ,
AGED 38 YEARS, R/AT UPPARA HOSALLI VILLAGE,
NEAR TAKKALAKOTA, SIRIGUPPA TALUK,
BALLARI DISTRICT-583121.
28. V. SUBRAMANYAM, S/O. LATE SRI V. LALCSHMANA,
AGED 64 YEARS, R/AT NEAR GANESHA TEMPLE,
15TH WARD, DONAPPA STREET, VADDARA BANDA,
BALLARI-583101.
29. V. SHOBHA RANI,
D/O. LATE SRI V.S. SHIVARAJ
@ CHINNA SHIVANNA,
W/O. BELLAMKONDA CHANDRA SHEKAR,
AGED 60 YEARS,
R/AT 3D ENGINEERS, H. NO. 403 AND 404,
PENT HOUSE, PAVANI PARK APARTMENTS,
MAGUNTA LAYOUT, MAIN ROAD, NELLORE,
ANDHRA PRADESH-524002.
30. SMT. V. ASHA,
D/O. LATE SRI V.C. SHIVA RAJ
@ CHINNA SHIVANNA,
W/O. VENU GOPAL, AGED 58 YEARS,
R/AT V.C. SHIVA RAJ BANGLA,
OPP: LAW COLLEGE, KAPPAGAL ROAD,
BALLARI-583101.
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31. V. VENKAT NAGARAJU,
S/O. LATE SRI V.C. SHIVA RAJ
@ CHINNA SHIVANNA,
AGED 56 YEARS, R/AT V.C. SHIVA RAJ BANGLA,
OPP: LAW COLLEGE, KAPPAGAL ROAD,
BALLARI-583101.
32. V. USHA,
D/O. LATE SRI V.C. SHIVA RAJ
@ CHINNA SHIVANNA,
W/O. SRI PURUSHOTHAM, AGED 54 YEARS,
R/AT 145/A, 1ST CROSS, BASAVANAGUDI,
SHIVAMOGGA-577202.
33. V. MANJUNATH,
S/O. LATE SRI V.C. SHIVA RAJ
@ CHINNA SHIVANNA,
AGED 52 YEARS, R/AT V.C SHIVA RAJ BANGLA,
OPP: LAW COLLEGE, KAPPAGAL ROAD,
BALLARI-583101.
34. V. MANOJ @ VIJAY MOHANA RAJ,
S/O. LATE SRI V.C. SHIVA RAJ, @ CHINNA SHIVANNA,
AGED 50 YEARS, R/AT V.C. SHIVA RAJ BANGLA,
OPP: LAW COLLEGE, KAPPAGAL ROAD,
BALLARI-583101.
35. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT ROAD,
P.B ROAD, DAVANGERE-577001.
...RESPONDENTS
(BY SMT. PALLAVI S. PACHCHAPURE, ADV. FOR SRI SRINAND
A. PACHCHAPURE, RAJENDRA R. PATIL, ADV. FOR R1 TO R5;
NOTICE TO R6 TO R35 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER PASSED BY THE
LEARNED I ADDITIONAL SENIOR CIVIL JUDGE BALLARI ON
I.A.NO.16 IN O.S.NO.73/2015 DATED 07.08.2021 FOUND AT
ANNEXURE-E AND ALLOW THIS WRIT PETITION WITH COSTS AND
GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT.
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THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Captioned petition is filed by the defendants 8 to 11 assailing the order of the learned Judge passed on I.A.No.16 filed by defendants 15 to 19 seeking leave to get themselves transposed as plaintiffs 14 to 18 and permit them to prosecute partition suit. The said application is allowed.
2. Facts leading to the case are that respondents 6 to 18 have filed a suit for partition and separate possession by contending that there is no partition in the family. In the said suit, the present respondents 1 to 5 who are defendants 15 to 19 filed written statement and set up a counterclaim and prayed to allot their legitimate share in the property. The plaintiffs filed a memo and sought for withdrawal of their suit. It is in this background, respondents 1 to 5 filed an application seeking transposition. Said application is allowed. -8-
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3. I am not inclined to interfere with the order under challenge. In the absence of counterclaim, it is a trite law that in a partition suit, all parties are plaintiffs. If respondents 1 to 5 have paid Court fee and have sought their shares by filing a written statement, even in the absence of transposing application, they are entitled to prosecute the present partition suit. Therefore, I do not find any error in the order under challenge. Accordingly, the writ petition stands dismissed.
4. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
Sd/-
JUDGE YAN, LIST NO.: 1 SL NO.: 24