Karnataka High Court
Sri. Vinayak S-O Mahadevasa ... vs Smt. Gadigevva @ Neelavva Aw-O ... on 3 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:8229
WP No. 106032 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 106032 OF 2022 (GM-CPC)
BETWEEN:
SRI VINAYAK S/O. MAHADEVASA METRANI,
AGE: 40 YEARS, OCC: AGRICULTURE & BUSINESS,
R/O: HOSABADAMI NAGAR, KUSUGAL ROAD,
HUBBALLI-580023.
...PETITIONER
(BY SRI CHETAN T. LIMBIKAI, ADVOCATE)
AND:
1. SMT. GADIGEVVA @ NEELAVVA,
W/O. PURADAPPA BILEBAL,
AGE: 58 YEARS, OCC: HOUSE WIFE,
R/O: GANESH NAGAR, ANNIGERI,
TQ: ANNIGERI, DIST: DHARWAD,
PIN: 582201.
MOHANKUMAR 2. SMT. GIRIJAVVA W/O. VIRUPAXGOUDA NARAGUND,
B SHELAR
AGE: 52 YEARS, OCC: HOUSEWIFE,
Digitally signed by R/O: ANCHIKATTI ONI, ADARAGUNCHI VILLAGE,
MOHANKUMAR B
SHELAR
Location: DHARWAD
TQ: HUBBALI, DIST: DHARWAD.
Date: 2023.08.08 12:55:45
-0700
3. SMT. GANGAMMA W/O. SIDDALINGAPPA HADAGALI,
AGE: 50 YEARS, OCC: HOUSEWIFE,
R/O: HALE AMRUTESHWAR NAGAR,
ANNIGERI, TQ: ANNIGERI, DIST: DHARWAD,
PIN: 582201.
4. MAHADEVAPPA S/O. RUDRAPPA ASUNDI,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: MARUTI NAGAR, BIDANAL-580020,
TQ: HUBBALLI, DIST: DHARWAD.
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WP No. 106032 of 2022
5. SMT. CHANDRAVVA W/O. BAILAPPA
BASAVANAKOPPA,
AGE: 56 YEARS, OCC: HOUSEWIFE,
R/O: BELAVANTAR VILLALGE,
TQ: KALAGHATAGI, DIST: DHARWAD-581204.
6. GADIGEPPA S/O. RUDRAPPA ASUNDI,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: R/O: MARUTI NAGAR, BIDANAL-580020,
TQ: HUBBALLI, DIST: DHARWAD.
7. TUSHAR S/O. JAYAPAL LANGOTI,
AGE: 52 YEARS, OCC: AGRICULTURE
& PRIAVATE WORK,
R/O: MARUTI NAGAR, BIDANAL-580020,
TQ: HUBBALLI, DIST: DHARWAD.
8. AZARUDDIN S/O. BHASHASAB MUNASI,
AGE: 35 YEARS, OCC AGRICULTURE &
PRIVATE WORK,
R/O: TABIB LAND, HUBBALLI,
DIST: DHARWAD-580020.
...RESPONDENTS
(BY SRI SACHIN C. ANGADI &
H.N. DODDAMANI, ADVOCATES FOR R1 TO R3
NOTICE TO R4 TO R8 IS DISPENSED WITH)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED
ORDER DATED 03.09.2022 VIDE ANNEXURE-G MADE ON IA NO.5
IN O.S.NO.02/2020 PENDING ON THE FILE OF 1ST ADDITIONAL
SENIOR CIVIL JUDGE AND J.M.F.C., HUBBALLI, IN THE INTEREST
OF JUSTICE AND EQEUITY.
THIS PETITION IS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 106032 of 2022
ORDER
The captioned writ petition is filed by defendant
No.4-purchaser assailing the order of the Courts below,
wherein plaintiffs application seeking amendment of plaint
to include the left out properties as indicated by
defendants is allowed and plaintiffs are permitted to
include the other properties. The said order is challenged
by a purchaser.
2. Heard learned counsel for the
petitioner/defendant No.4 and respondents.
3. Admittedly, the suit is one for partition and
separate possession. The defendants have taken a stand
that the plaintiffs have not included all the properties and
therefore, suit for partial partition is not maintainable. In
the light of the defence set-up by defendants, plaintiffs by
way of amendment have sought leave of the Court to
include all the properties.
4. It is quite strange to know that petitioner who
is purchaser of undivided interest who has no locus in a
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WP No. 106032 of 2022
partition suit has ventured in challenging the order passed
on amendment application. While drawing a preliminary
decree, a stranger-purchaser has no say in the suit.
Merely because, he is impleaded in the suit, will not give a
right to him to dictate as to how the suit has to be
proceeded with. His rights, if any, in an undivided interest
has to be worked out in final decree proceedings.
5. Therefore, the writ petition is liable to be
dismissed on two grounds. Firstly, the order under
challenge is in accordance with law. Secondly, the
petitioner being a stranger-purchaser could not have
knocked the door of this Court. The judgment cited by the
learned counsel for petitioner in the case of Sri
H.K.Manjunath Vs Sri Ramesh Kumar in
W.P.No.21717/2021(GM-CPC), decided on
06.04.2022, is not applicable to the present case on
hand.
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WP No. 106032 of 2022
6. Accordingly, the writ petition is dismissed.
Sd/-
JUDGE
AM
