Karnataka High Court
Manjunath Gudleppagouda Patil vs Vijaya Kom Basavaraj Kanavi on 9 March, 2017
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9TH DAY OF MARCH, 2017
BEFORE
THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY
WRIT PETITION No.107389/2014 (GM-CPC)
Between:
Sri Manjunath Gudleppagouda Patil
@ Goudra @ Yanganaver,
Age: 35 Years, Occupation : Agriculture,
Resident of Shirampur,
Taluk & District : Haveri. ... Petitioner
(By Shri M.H.Patil, Advocate)
And:
1. Vijaya Kom Basavaraj Kanavi,
Age: Major, Occupation : Not Known
Resident of C/O. Sushilavva Kom Gadigeppa Goudra,
Now Resident of Koonbevu, Taluk : Ranebennur
District : Haveri.
2. Manjula daughter of Gudleppagoudra @
Goudra @ Patil,
Age: Major, Occupation : Not Known,
Resident of Koonbevu, Taluk : Ranebennur,
District : Haveri.
3. Predeepkumar son of Gudleppagoudra @
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Goudra @ Patil,
Age: Major, Occupation : Not Known
Resident of Koonbevu, Taluk : Ranebennur,
District : Haveri.
4. Sushilavva Kom son of Gudleppagoudra
@ Goudra @ Patil,
Age: Major, Occupation : Not Known,
Resident of Shiramapur, Now resident of Koonbevu,
Taluk : Ranebennur, District Haveri.
5. Shankragouda Kotragouda Goudra,
Age: Major, Occupation : Not Known,
Resident of Shirmapur,
Taluk : Ranebennur District : Haveri.
6. Baramagouda Kotragouda Goudra,
Age: Major, Occupation : Not Known,
Resident of Shirmapur,
Taluk : Ranebennur District : Haveri.
7. Mallanagouda Kotragouda Goudra,
Age: Major, Occupation : Not Known,
Resident of Shirmapur,
Taluk : & District : Haveri.
8. Chanabasanagouda Kotragouda Goudra,
Age: Major, Occupation : Not Known,
Resident of Shirmapur,
Taluk : & District : Haveri.
9. Somanagouda Kotragouda Goudra,
Age: Major, Occ: Not Known,
Resident of Shirmapur,
Taluk : & District : Haveri.
10. Basanagouda Mahadevappagouda Goudra
@ Patil,
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Age: Major, Occupation : Not Known,
Resident of Shirmapur,
Taluk : & District : Haveri.
11. Savitri Kom Devendrappa Ganiger,
Age: Major, Occupation : Not Known,
Resident of Kadamanahalli,
Taluk :Byadgi, District : Haveri. ... Respondents
(Notice to respondents 1 to 3 dispensed with,
Notice to respondents 5 to 8 held sufficient,
Respondents 4, 9, 10 and 11 are served)
This petition is filed under Articles 226 and 227 of the
Constitution of India, 1950, praying to quashing the order passed
by the Additional Senior Civil Judge, Haveri, in M.A.No.17/2007
dated 30th September 2013 vide Annexure-G and etc.
This petition coming on for preliminary hearing in 'B'
group, this day, the Court made the following:
ORDER
The present petition is filed on the petitioner's suit for partition having been dismissed for default and the same being sought to be challenged by way of an appeal under Order IX Rule 4 of the Code of Civil Procedure also having been dismissed and a further appeal against the said dismissal order also having been rejected.
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2. It is stated by the petitioner that though his suit for partition has been dismissed, in respect of the very properties, there is a suit filed for partition where the present petitioner is arrayed as defendant No.9. Therefore, the petitioner could very well participate in that suit and have his claim decided. There is no warrant for interference. The petition is dismissed.
Sd/-
JUDGE Jm/-