In the High Court of Karnataka at Bangalore

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 08 th DAY OF JULY 2014 BEFORE THE HON’BLE MR. JUSTICE DILIP B BHOSALE W.P.No.38806/2013 (GM-CPC) BETWEEN: 1. Smt.Lakshmamma W/o late Anjanappa Aged about 61 years 2. Srinivasa s/o late Anjanappa Aged about 39 years 3. Vasantha d/o late Anjanappa Aged about 35 years 4. Ananda s/o late Anjanappa Aged about 30 years 5. Smt.A.Shashikala W/o late Narayana Aged about 45 years All are residing at Chelkere village, K.R.Puram hobli, Bangalore East Taluk, Bangalore. ... PETITIONERS (By Sri.V.Naga Reddy, Adv.) 2 AND: 1. Smt.Guramma W/o late Ramaiah Aged about 67 years 2. Shanthamma D/o late Ramaiah Aged about 53 years 3. Muniraju s/o late Ramaiah Aged about 46 years 4. Drakshayani s/o late Ramaiah Aged about 45 years 5. Krishnappa s/o late Ramaiah Aged about 43 years 6. Rajanna s/o late Ramaiah Aged about 42 years 7. Papaiah s/o late Ramaiah Aged about 40 years 8. Vanaja d/o late Ramaiah Aged about 38 years 9. Ravi s/o late Ramaiah Aged about 35 years All are residing at Chellakere village, K.R.Puram hobli, Bangalore East Taluk, Bangalore-560036. 3 10.Vasantha Bai d/o Neelakanta Aged about 60 years Residing at No.159, 8th cross, Vishwapriya layout, Begur, Bommanahalli post, Bangalore-560 068. 11.Sathish Shinde D/o Dasharath Rao Shinde Aged about 48 years Residing at No.54, Opposite to MES School, Sulthanpalya, Bangalore-32. 12.Smt.Radhamma W/o M.N.Kambegowda Aged about 61 years Residing at Hirisave village, Channarayapatna taluk, Hassan district-573116. ... RESPONDENTS This W.P. is filed under Articles 226 & 227 of the Constitution of India praying to call for entire records maintained in O.S.No.8411/2008 on the file of XXXVIII Addl.City Civil Judge, at Bangalore & etc., This W.P. coming on for Preliminary Hearing this day, the Court made the following:- 4 PC: Heard learned counsel for the petitioners. 2. The petitioners, in the present writ petition, challenge the order dated 01.08.2013 passed on I.A.No.8 in O.S.No.8411/2008, whereby their prayer for impleading Smt.Seema Altaf as defendant No.13 in the suit has been rejected. The petitioners, sought to add her as party-defendant stating that one of the joint family properties has been purchased by her by registered sale deed dated 14.11.2008 from defendant No.10. It appears that the sale was executed even before filing of the suit. The learned Judge has rejected the application mainly on the ground that the suit filed by the petitioners is for partition and there is no other relief sought in the suit. 3. Learned counsel for the petitioners, submits that the petitioners have filed another application bearing I.A.No.9 seeking amendment of the plaint. In 5 this application, they have sought insertion of further prayers including the prayer for declaration and injunction in the suit. He, therefore, submits that if that application is allowed, perhaps, Smt.Seema Altaf would be necessary party to the present suit. He informs the Court that the said application (I.A.No.9) is still pending. 4. In view thereof, I am satisfied that the following order shall meet the ends of justice:- (i) If I.A.No.9 filed by the petitioners seeking amendment of the pleadings, whereby, they seek to insert further reliefs, such as, declaration and injunction, is allowed, it is open to the petitioners to seek impleadment of Smt.Seema Altaf as defendant in the suit and if any such application is filed, the trial court shall consider the same on merits, in accordance with law. 6 (ii) It is made clear that the petitioners are allowed to file application for similar prayer only in the event their I.A.No.9 in O.S.No.8411/2008 seeking amendment, as aforementioned, is allowed. (iii) It is needless to mention that if an application for impleading Smt.Seema Altah as defendant No.13 as aforementioned were to be filed, same would be considered on merits, in accordance with law. (iv) All contentions of the parties are kept open. 5. With these observations, the writ petition is disposed of. Sd/- JUDGE Srl. .

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