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IN THE HIGH COURT OF CIRCUIT BENCH AT DHARWAD

DATED THIS THE 24 TH DAY OF APRIL, 2013

BEFORE

THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY

WRIT PETITION No.76472/2013 (GM CPC)

BETWEEN:

1. BALAPPA TIMMAPPA @ BABASAHEB B. DESAI SINCE DECEASED BY HIS LRS TIMMAPPA @ BALASAHEB TIMMAPPA B. DEBAI, AGE: 68 YEARS, OCC: AGRICULTURE, R/O. , TQ: , DIST: .

2. NANASAHEB S/O. VANKATRAO @ BABASAHEB TIMMAPPA B. DESAI, AGE: 66 YEARS, OCC: AGRICULTURE, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM.

3. RAVIVARMA @ CHANDURAO S/O. BALAPPA @ BABASAHEB B. DESAI, SINCE DECEASED BY HIS LRS, DHANTRAJ @ MANJUNATH S/O. RAVIVARMA @ CHANDURAO B. DESAI, AGE: 28 YEARS, OCC: STUDENT, R/O. , TQ: , DIST: BELGAUM

4. JAYALAXMI W/O. DEVARAJ DESAI AGE: 26 YEARS, OCC: STUDENT, R/O. MUGALKHOD, TQ: RAIBAG, DIST: BELGAUM.

5. AMBARISHVARMA S/O. RAVIVARMA @ CHANDURAO B. DESAI 2

AGE: 25 YEARS, OCC: AGRICULTURE, R/O. MUGALKHOD, TQ: RAIBAG, DIST: BELGAUM. ... PETITIONERS

(BY SRI.: VINAY S KOUJALAGI, ADV.)

AND

1. VENKANNA S/O. HANAMANT B. DESAI AGE: 58 YEARS, OCC: AGRICULTURE, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM

2. YESHAVANT S/O. TAMMANNA DESAI SINCE DECEASED BY HIS LRS HANAMANT S/O. YASHAVANT DESAI AGE: 43 YEARS, OCC: AGRICULTURE,R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM

3. TAMMASAHEB S/O. YASHAVANT DESAI AGE: 37 YEARS, OCC: AGRICULTURE,R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM

4. AKKASAHEB W/O. MARUTI BISTANNAVAR AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. ANNIGERI, TQ: BAILHONGAL, DIST: BELGAUM.

5. ANNASAHEB S/O. TAMMANNA DESAI AGE: 73 YEARS, OCC: AGRICULTUER, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM.

6. NANASAHEB S/O. TAMMANNA DESAI AGE: 77 YEARS, OCC: AGRICULTUER, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM. 3

7. TAISAHEB W/O. KRUSHNAPPA @ APPASAHEB B. DESAI SINCE DECEASED BY HIS LRS NIRMALABAI W/O. RAVIVARMA @ CHANDURAO B. DESAI AGE: 51 YEARS, OCC: HOUSEHOLD WORK, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM.

8. YALLAPPA S/O. RAMAPPA GADDED SINCE DECEASED BY HIS LRS RAMAVVA W/O. KRISHNAPPA BAGARNAL AGE: 58 YEARS, OCC: AGRICULTURE, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM.

9. HANAMAVVA W/O. BHIMANAIK PATIL AGE: 51 YEARS, OCC: AGRICULTURE, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM

10. VANKAVVA W/O. SHANKAR NAIK AGE: 48 YEARS, OCC: AGRICULTURE, R/O. HOSATTI, TQ: GOKAK, DIST: BELGAUM.

11. GOUDAPPA S/O. VASUDEV NAIK SINCE DECEASED BY HIS LRS PADMAVVA W/O. GOUDAPPA NAIK AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. , TQ: GOKAK, DIST: BELGAUM.

12. SURESH S/O. GOUDAPPA NAIK AGE: 53 YEARS, OCC: AGRICULTURE R/O. KULIGOD, TQ: GOKAK, DIST: BELGAUM.

13. RAMESH S/O. GOUDAPPA NAIK AGE: 48 YEARS, OCC: AGRICULTURE R/O. KULIGOD, TQ: GOKAK, DIST: BELGAUM. 4

14. RATNAVVA W/O. RAMACHANDRAPPA CHANAKOPPA, AGE: 43 YEARS, OCC: HOUSEHOLD WORK R/O. MUDALAGI, TQ: GOKAK, DIST: BELGAUM.

15. DRAKASHAYANI W/O. BHIMAPPA SONAWALKAR AGE: 41 YEARS, OCC: HOUSEHOLD WORK R/O. MUDALAGI, TQ: GOKAK, DIST: BELGAUM. ... RESPONDENTS

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF PRAYING TO QUASH THE ORDER DTD.08.11.2012 PASSED BY THE ADDL. CIVIL JUDGE (JR.DN.) GOKAK IN CIVIL MISC.NO.8/2009 PRODUCED AT ANNEXURE-F.

THIS PETITION COMING ON FOR PRELIMINARY HEARING GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Order dated 8/11/2012 on IA No.9 filed by the defendant No.5E, 5D, 5B, 5A and 5C for setting aside the ex-parte orders dated 13/1/2010, 23/4/2010 and

29/5/2010.

2. The petitioners are the plaintiffs. They submit that along with IA No.9, the delay application has not been made without there being any application for 5

condonation of delay in filing IA No.9, the trial Court has set aside the orders referred above.

3. The submission has been examined. The suit filed by the petitioner plaintiff is for partition. The defendants are the legal heirs and members of the joint family. In view of the same, the defendants are proper and necessary parties. Setting aside the order of ex- parte is just and proper.

4. I do not find any good reasons to interfere with the orders.

Accordingly, writ petition is rejected at the preliminary hearing stage itself.

SD/- JUDGE Vmb