IN THE HIGH COURT OF

CIRCUIT BENCH AT DHARWAD

DATED THIS THE 18 TH DAY OF JULY, 2012

BEFORE

THE HON’BLE MR.JUSTICE AJIT J.GUNJAL

WRIT PETITION Nos.66071-66072/2010 (GM-CPC)

BETWEEN:

RAJARAM YALLAPPA SHINDE, AGED ABOUT 54 YEARS, OCC: BUSINESS, RESIDING AT DAVANGERI, COTTON MILL ROAD, GADAG, DIST.GADAG. ... PETITIONER

(By SRI. G R ANDANIMATH, ADV.)

AND

SHAKUNTALABAI W/O HANUMANTHAPPA SOMANATTI SINCE DECEASED BY LRS,

1. MOHAN HANAMANTHAPPA SOMANATTI, AGED ABOUT 58 YEARS, OCC: AGRICULTURE, RESIDING AT TC NO. 183, "SOMANATTI BUNGLOW", BADAMI ROAD, -591123, DIST. .

HANAMANTAPPA DODDAPPA SOMANATTI, SINCE DECEASED BY HIS LRs., PLAINTIFF-1 RESPONDENT IN O.S. : 2 :

2. PANDURANG HANAMANTAPPA, SOMANATTI, AGED ABOUT: 68 YEARS, OCC: AGRICULTURE, RESIDING AT FARM HOUSE LOCATED IN R.S. NO. 3, GHATAKNUR, TQ. RAMDURG, DIST. BELGAUM.

3. PADMAVATI W/O K. NARAYANASWAMY AGED ABOUT 66 YEARS, OCC: HOUSEHOLD WORK, R/AT NO. 1200, "SRI RENUKA NILAY" 45TH CROSS, 36TH MAIN, PUMARAJANA NAGAR, UTTARHALLI, BANGALORE-560061.

4. MANOHAR HANAMANTAPPA SOMANATT, AGED ABOUT 64 YEARS, OCC: AGRICULTURE, RESIDING AT FARM HOUSE, LOCATED IN R.S. NO. 252, , TQ. RAMDURG, DIST. BELGAUM.

5. RAMAKANTH HANAMANGAPPA SOMANATTI, AGED ABOUT 62 YEARS, OCC: AGRICULTURE, RESIDING AT C/O B. N. GOUDAR, ADVOCATE, PLOT NO. 2241, MAHANTESH NAGAR, RAMDURG, DIST. BELGAUM.

6. VANAMALA W/O LATE N. NAVEEN KUMAR AGE: 60 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT C/O DR. N. RAJESH “NEELAM PERMMBHA”, NEAR HUTTAPPAN RAVU BALAN, K. NAIR ROAD, ASHOKPURAM POST, CALICUT-673006.

7. PRAKASH HANAMANTAPPA SOMANATTI, AGE ABOUT 56 YEARS, OCC: BUSINESS, RESIDING AT 11/11, II MAIN ROAD, KAMAKSHIPURAM, SHANTI NAGAR, HUBLI-5800, DIST. DHARWAD.

8. RENUKA W/O LATE N. NAGRAJ, AGE ABOUT: 54 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT J. K. PAWAR BUILDING, BEHIND MADHURA APARTMENT, II CROSS, HASTINAPURA, : 3 :

HUBLI-5800, DIST. DHARWAD.

9. SHOBHA W/O MURALIOHAR HIRAL, AGE ABOUT 52 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT C/O MURALIOHAR HIRAL, EX. MLA, BUS STAND ROAD, GANGAWATI, DIST. KOPPAL.

10. VIJAYA W/O HUSANAPPA ILGER, AGED ABOUT: 50 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT 486, "VIJAYASHREE", SCHEME NO. 13, CENTRE BELGAUM.

11. PRADEEP HANAMANTAPPA SOMANATTI, AGED ABOUT: 45 YEARS, OCC. & PROF. BHAVANI WINES, NEAR A.P.M.C., BADAMI ROAD, RAMDURGA-591123, DIST. BELGAUM.

12. PUSHPA W/O S. N. RAVIKUMAR, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT 655, II MAIN, I BLOCK, BANASHANKARI II STAGE, II PHASE, BANGALORE-560085.

13. SUJATA D/O HANAMANTAPPA SOMANATTI, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT C/O N. NARAYANASWAMI, 1200, "SRI RENUKA NILAY", 47TH CROSS, 36TH MAIN, PURANAPRAJNA NAGAR, UTTARAHALLI, BANGALORE-560061.

14. GAYATRI SUBHASGOUDA, AGED ABOUT 43 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT 8-2-45 ROAD NO. 2, BANJARA HILLS, HYDERABAD (A.P.). ... RESPONDENTS : 4 :

BETWEEN:

RAJARAM YALLAPPA SHINDE, AGED ABOUT 54 YEARS, OCC: BUSINESS, RESIDING AT DAVANGERI, COTTON MILLS ROAD, GADAG, DIST.GADAG. ... PETITIONER

AND

1. MOHAN HANAMANTHAPPA SOMANATTI, AGED ABOUT 58 YEARS, OCC: AGRICULTURE, RESIDING AT TC NO. 183, "SOMANATTI BUNGLOW", BADAMI ROAD, RAMDURG-591123, DIST. BELGAUM.

HANAMANTAPPA DODDAPPA SOMANATTI SINCE DECEASED BY HIS LRS

2. PANDURANG HANAMANTAPPA, SOMANATTI, AGED ABOUT: 68 YEARS, OCC: AGRICULTURE, RESIDING AT FARM HOUSE LOCATED IN R.S. NO. 3, GHATAKNUR, TQ. RAMDURG, DIST. BELGAUM.

3. PADMAVATI W/O K. NARAYANASWAMY AGED ABOUT 66 YEARS, OCC: HOUSEHOLD WORK, R/AT NO. 1200, "SRI RENUKA NILAY" 45TH CROSS, 36TH MAIN, PUMARAJANA NAGAR, UTTARHALLI, BANGALORE-560061.

4. MANOHAR HANAMANTAPPA SOMANATT, AGED ABOUT 64 YEARS, OCC: AGRICULTURE, RESIDING AT FARM HOUSE, LOCATED IN R.S. NO. 252, HALAGATTI, TQ. RAMDURG, DIST. BELGAUM.

5. RAMAKANTH HANAMANGAPPA SOMANATTI, AGED ABOUT 62 YEARS, OCC: AGRICULTURE, RESIDING AT C/O B. N. GOUDAR, ADVOCATE, : 5 :

PLOT NO. 2241, MAHANTESH NAGAR, RAMDURG, DIST. BELGAUM.

6. VANAMALA W/O LATE N. NAVEEN KUMAR AGE: 60 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT C/O DR. N. RAJESH “NEELAM PERMMBHA”, NEAR HUTTAPPAN RAVU BALAN, K. NAIR ROAD, ASHOKPURAM POST, CALICUT-673006.

7. PRAKASH HANAMANTAPPA SOMANATTI, AGE ABOUT 56 YEARS, OCC: BUSINESS, RESIDING AT 11/11, II MAIN ROAD, KAMAKSHIPURAM, SHANTI NAGAR, HUBLI-5800, DIST. DHARWAD.

8. RENUKA W/O LATE N. NAGRAJ, AGE ABOUT: 54 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT J. K. PAWAR BUILDING, BEHIND MADHURA APARTMENT, II CROSS, HASTINAPURA, HUBLI-5800, DIST. DHARWAD.

9. SHOBHA W/O MURALIOHAR HIRAL, AGE ABOUT 52 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT C/O MURALIOHAR HIRAL, EX. MLA, BUS STAND ROAD, GANGAWATI, DIST. KOPPAL.

10. VIJAYA W/O HUSANAPPA ILGER, AGED ABOUT: 50 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT 436, "VIJAYASHREE", SCHEME NO. 13, CENTRE BELGAUM.

11. PRADEEP HANAMANTAPPA SOMANATTI, AGED ABOUT: 45 YEARS, OCC. & PROF. BHAVANI WINES, NEAR A.P.M.C., BADAMI ROAD, RAMDURGA-591123, DIST. BELGAUM.

12. PUSHPA W/O S. N. RAVIKUMAR, AGED ABOUT 45 YEARS, : 6 :

OCC: HOUSEHOLD WORK, RESIDING AT 655, II MAIN, I BLOCK, BANASHANKARI II STAGE, II PHASE, BANGALORE-560085.

13. SUJATA D/O HANAMANTAPPA SOMANATTI, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT C/O N. NARAYANASWAMI, 1200, "SRI RENUKA NILAY", 47TH CROSS, 36TH MAIN, PURANAPRAJNA NAGAR, UTTARAHALLI, BANGALORE-560061.

14. GAYATRI SUBHASGOUDA, AGED ABOUT 43 YEARS, OCC: HOUSEHOLD WORK, RESIDING AT 8-2-45 ROAD NO. 2, BANJARA HILLS, HYDERABAD (A.P.). ... RESPONDENTS

(BY SRI. GURURAJ M SOMAKKALAVAR, SRI R.I. KERUR, SRI P.S. YADAWAD, ADVS. FOR R1.)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER DATED 02.08.2010 REJECTING IA NO.12 IN O.S.NO.10/2008 PASSED BY THE CIVIL JUDGE, RAMDURG (ANNEXURE-L) & ETC.

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In all three suits are filed before the learned trial

Judge; one is for seeking a declaration on the basis of a will, another is for cancellation of the relinquishment : 7 : deed and the petitioner has filed a suit for enforcement of an agreement to sell.

2. It is not disputed before me that all the suits are clubbed and are being tried by the same Court.

Petitioner makes an application under Order I Rule 10

(2) of the Code of Civil Procedure to get himself impleaded in the suits filed by the respondents seeking a declaration and also for cancellation of the relinquishment deed.

3. I am of the view that the question of petitioner being impleaded in those proceedings in the circumstances does not arise, more so, having regard to the fact that all the three suits are clubbed and are being heard. Having said so, I do not find any merit in the petitions. Petitions are rejected.

Sd/- JUDGE

Jm/-