ORDER DATE 17.2.2014
ON I.A.NO. 23,26 AND 27 IN FDP NO.07/2007 PENDING ON
THE FILE OF HONB'LE SENIOR ... These petitions are filed by the petitioner, who was
the petitioner in FDP proceedings, requesting the Court
to set-aside the order dated 17.02.2014 passed
CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE RECORDS IN FDP NO.6/1998 ON THE
9
FILE OF THE PRL. JUDGE, SMALL CAUSES ... LEARNED PRINCIPAL
27
JUDGE, SMALL CAUSES AND SENIOR CIVIL JUDGE,
MYSORE IN FDP NO.6/1998 VIDE ANNEX-F.
THESE WRIT PETITIONS HAVING BEEN HEARD
India praying to quash the order dated
27.06.2014 and 25.06.2015 passed in FDP No.12/2002 on
the file of 3rd Addl. Senior Civil Judge ... certiorari to quash the orders dated 27.6.2014 and
25.6.2015 passed in FDP No.12/2002 on the file of III
Addl. Senior Civil Judge, Mangalore
were not made as
parties to the said suit or RFA or FDP thereon and
without whispering about necessary parties, the suit has
been decreed ... possession of these
defendants by virtue of the conclusion of the FDP and the
matter is pending in Execution Proceedings for execution
of the orders
based upon the
preliminary decree, said Smt.Muniyamma and her daughters filed
FDP 1/2009 for drawing up of the final decree ... said FDP,
R.Seenappa was the respondent, who died during the pendency of the
said FDP proceedings and his legal heirs came on record
including A-
schedule property. The defendant No.1 in this suit filed FDP
No.27/2002 seeking division of the schedule property on the
basis ... draw the final decree
accordingly. Aggrieved by the said order in FDP, the plaintiffs
have preferred an appeal in R.F.A.No.1887/2007
declare that the compromise decree
dated 12/08/2009 in FDP No.19/2005 is not binding
on the plaintiff and to direct the defendant ... 2004 and they had
filed petition for final decree proceedings in FDP
No.19/2005. In pursuant to the preliminary decree
City Civil Judge, Bangalore
and decree dated 29.10.2010 passed in FDP
No.91/2006 by XXXVIII Addl.City Civil Judge,
Bangalore ... decree in OS.No.3470/1996 &
4 OS.No.6866/2011
FDP.No.91/2006 in so far as it pertains to the suit
Defendant had agreed to execute the Registered Sale Deed
after completion of FDP.64/1990 arising out of
O.S.2560/1982 the suit filed ... Affidavit have been prepared without his knowledge and
that in FDP 64/1990 no share has been allotted to him
and hence
share to 1/3rd share on 4.10.2007.
Thereafter Smt.Akkayyamma filed FDP No.124/2007 to
draw final decree.
e) Defendants 3 and 5 further ... respect of the said property in O.S.6093/1994. The FDP
- 16 - O.S.5978/2008
proceeding is still pending before this Court
