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2009 Supreme(SC) 632

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P.SATHASIVAM
Marirudraiah – Appellant
Versus
B. Sarojamma(s) – Respondent


Advocates appeared:
For the Appellants :Naveen R. Nath, Lalit Mohan Bhat, Hetu Arora, A. Dashrath, Advocates.
For the Respondents:Krishna Mani, Sr. Adv., B. Vishwanath Bhandarkar, V.N. Raghupathy, M.N. Uma Shankar, B.S. Sharma, Advocates.

JUDGMENT

P. Sathasivam, J.—

1. Leave granted.

2. This appeal is directed against the final judgment and orders dated 15.06.2006 and 17.06.2006 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No. 207 of 2003.

3. Regular First Appeal No. 207 of 2003 was filed under Section 96 of the Civil Procedure Code before the High Court of Karnataka against the judgment and decree dated 25.10.2002 passed in O.S. No. 8252 of 1998 by the XXII Additional City Civil and Sessions Judge, Bangalore granting preliminary decree in a suit for partition and separate possession. In the said appeal, applicants-Suresh Salariya and V. Mohammed Shaffiulla of Bangalore filed I.A. No. 4 of 2005 seeking permission to bring them on record as additional respondents contending that they have purchased suit item No.9 from Smt. B. Sarojamma with the consent of other sharers, appellant Nos. 3, 4, 5 and 8 therein. In the absence of any objection by the appellants, the High Court allowed the said application. It is further seen that the appellants and respondent Nos. 1 to 3 before the High Court filed a compromise petition and the same was signed by all the parties by their respective advocates.










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