Kerala High Court
E. Krishna Bhat vs A. Krishna Bhat
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 22ND DAY OF AUGUST 2012/31ST SRAVANA 1934
OP(C).No. 2774 of 2012 (O)
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IA.NO.386/2012 IN OS.86/1991 of SUB COURT, KASARAGOD
PETITIONER(S):
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1. E. KRISHNA BHAT,
S/O.A.VENKITESWSRA BHAT
RESIDING AT AROLI OF EDNAD VILLAGE OF
KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321.
2. A.VENKATARAMANA BHAT,
S/O.A.VENKATRAMAN BHAT
RESIDING AT AROLI OF EDNAD VILLAGE
KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321.
3. A.SHAM BHAT
S/O.A.VENKATRAMAN BHAT
RESIDING AT AROLI OF EDNAD VILLAGE
KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321.
4. A.DURGADAS
S/O.A.VENKATRAMAN BHAT
RESIDING AT AROLI OF EDNAD VILLAGE
KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321.
5. A.VENUGOPALA,
S/O.E.KRISHNA BHAT
RESIDING AT AROLI OF EDNAD VILLAGE
KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321.
6. A.SANTHAKUMAR
S/O.E.KRISHNA BHAT
RESIDING AT AROLI OF EDNAD VILLAGE
KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321
7. SEETHALAKSHMI
W/O.NARAYANA BHAT
RESIDING AT AROLI OF EDNAD VILLAGE
OF KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321
O.P.(C) No.2774 of 2012
: 2 :
8. A.VENKAESH PRASAD
S/O.A.NARAYANA BHAT
RESIDING AT AROLI OF EDNAD VILLAGE
KASARAGOD TALUK AND DISTRICT P.O., EDNAD-671 321
BY ADVS.SRI.K.SHRIHARI RAO
SRI.K.S.BALAKRISHNAN
RESPONDENT(S):
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1. A. KRISHNA BHAT
S/O.MAHABALA BHAT, RESIDING AT UPPINE
MELINEMANE OF MUGU VILLAGE OF KASARAGOD TALUK AND DISTRICT,
P.O.MUGU-671 321.
2. A.MAHABALESWARA BHAT,
S/O.A.KRISHNA BHAT, RESIDING AT UPPINE
MELINAMANE OF MUGU VILLAGE OF KASARAGOD TALUK AND DISTRICT
P.O.MUGU-671 321.
3. A.JAYALAKSHMI
D/O.NARAYANA BHAT, W/O.GANESH K. HARLADKA
SRI.DURGA NILAYA, NELLURU, KEMRAJE P.O.
SULLIA TALUK, D.K.DISTRICT, KARNATAKA-574 239.
4. SHARADAMBA
D/O.NARAYANA BHAT
RESIDING AT AROLI OF EDNAD VILLAGE OF KASARAGOD TALUK AND DISTRICT
P.O.EDNAD-671 321.
5. A.GOPALAKRISHNA
S/O.NARAYANA BHAT
RESIDING AT AROLI OF EDNAD VILLAGE OF KASARAGOD TALUK AND DISTRICT
P.O.EDNAD-671 321.
6. RUKMINI
W/O.KRISHNA BHAT, KULLAMBETTU
EDNAD VILLAGE AND POST, KASARAGOD TALUK-671 321.
7. VEENA
D/O.KRISHNA BHAT, W/O.D.SUBRAHMANYA BHAT
RESIDING AT ANEPALLA IN KUMBADAJE VILLAGE
KASARAGOD TALUK P.O., YETHADKA-671 551.
8. VISHWANATHA BHAT
S/O.KRISHNA BHAT, KULLAMBETTU
EDNAD VILLAGE AND POST, KASARAGOD TALUK-671 321.
O.P.(C) No.2774 of 2012
: 3 :
9. VIJAYA
D/O.KRISHNA BHAT, KULLAMBETTU
EDNAD VILLAGE AND POST, KASARAGOD TALUK-671 321.
10. PARAMESWARAN AMMA
D/O.A.VENKATESHSWARA BHAT, W/O.KRISHNA BHAT
ADVOCATE, 323, 6TH D CROSS
III MAIN, OMDR LAYOUT, BANGALORE-560 043
KARNATAKA STATE.
11. LALITHA
D/O.VENKATESHSWARA BHAT, TEACHER
RESIDING AT MAYASANDRA, NANJAPPA COMPOUND
TURUVEKERE, THURUVEKERE TALUK
TUMKAR DISTRICT-572 221, KARNATAKA STATE.
12. DRAUPATHI AMMA
D/O.A.VENKATESHWARA BHAT, W/O.SUBRAYA BHAT
RESIDING AT CHOWKAR IN BELA VILLAGE OF KASARAGOD TALUK AND
DISTRICT P.O., BELA-671 321.
13. KIRAN
S/O.A.MAHALINGA BHAT, RESIDING AT MURALI CLINIC
EJIPURA P.O., VIVEKANAGAR, BANGLORE-47
KARNATAKA STATE.
14. NARENDRA
S/O.VENKATESHWARA BHAT, DRIVER, RESIDING AT 154/2
KUPPESWAMY COMPOUND, NEAR MARUTHI VASTRALANKAR, 2A
CROSS SSRINIVASANAGAR. BANGLORE-50
KARNATAKA STATE.
15. SAVITHRI
W/O.A.MAHALINGA BHAI, RESIDING AT SHRI NILAYA
15-20F, CROSS EJIPURA, P.O., VIVEKNAGAR
BANGALORE 47, KARNATAKA STATE.
16. JAYASHREE
D/O.MAHALINGA BHAT A, SHRI NILAYA, 15-20F
CROSS EJIPURA, P.O VIVEKNAGAR, BANGALORE 47
KARNATAKA STATE.
17. MURALIKRISHNA
S/O.A.MAHALINGA BHAT, SHRI NILAYA, 15-20F
CROSS EJIPURA, P.O VIVEKNAGAR, BANGALORE 47
KARNATAKA STATE.
18. VANISHREE
D/O.A.MAHALINGA BHAT, RESIDING AT SHUBHA CLINIC
ANNAPURNA, MAIN ROAD, PERLA
ENMAKAJE VILLAGE, KASARAGOD TALUK AND DISTRICT P.O
PERLA 671 552.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22-08-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO.2774 OF 2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE I.A.NO.386/12 IN O.S.NO.86/91 AND THE
AFFIDAVIT IN THE SUPPORT OF THE SAME ON THE FILE OF SUB
COURT, KASARGOD.
EXHIBIT P2 : TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT OF THE
RESPONDENTS 1 AND 2 IN O.S.NO.86/91 ON THE FILE OF THE
SUB COURT, KASARGOD.
EXHIBIT P3 : TRUE COPY OF THE ORDER DATED 1.8.2012 IN I.A.NO.386/12
IN OS.NO.86/91 ON THE FILE OF THE SUB COURT, KASARGOD.
RESPONDENT(S) EXHIBITS
NIL.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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O.P.(C) No.2774 of 2012
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Dated this the 22nd day of August, 2012
J U D G M E N T
The court below has by the order impugned received an additional written statement filed by defendants 1 and 2 in a suit for partition. The suit was remanded in appeal in R.F.A.No.492 of 2006 directing the court below to have a de novo consideration. There is no restriction in the order of remand against receiving additional written statement. The power of the court to grant leave for subsequent pleadings is evident from Order VIII Rule 9 of the Code of Civil Procedure.
2. The petitioners/plaintiffs have every right to file a replication, if necessary, and to adduce additional evidence. No prejudice is caused to any of the parties to the suit by the reception of additional written statement. The order of the court below does not in any manner violate the spirit of the order of remand in R.F.A.No.492 of 2006. The impugned order does not suffer from any infirmity as to warrant interference under Article 227 of the Constitution of India.
The original petition is disposed of as above.
V.CHITAMBARESH, Judge.
nj.