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2021 Supreme(Kar) 1007

K. S. MUDAGAL
Sharadamma W/o Srinivasa Reddy – Appellant
Versus
Dheeraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI H.V.RAMACHANDRA RAO, ADVOCATE
For the Respondent:SRI K.S.RAMESH, ADVOCATE

JUDGMENT :

These two appeals arise out of common order dated 14.06.2021 on I.A.Nos.16 and 17 in R.A.No.121/2012 passed by II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani. M.F.A.No.4316/2021

2. By the impugned orders, the First Appellate Court has rejected the applications of the appellants under Order XXII Rule 10 of CPC to come on record as legal representatives of deceased Lakshmana Reddy namely respondent No.2 in R.A.No.121/2012.

3. One Gopala Reddy had five sons by name Srinivasa Reddy, Lakshmana Reddy, Venkata Reddy, Doddappodu, Srirama Reddy and one daughter by name Chikkavenkatamma. Sriramareddy filed O.S.No.1/1970 before Civil Judge, Chintamani against his father Gopala Reddy and other brothers for partition and separate possession of his share. The suit was contested by Venkata Reddy and Lakshmana Reddy on the ground that they had separated from the family taking some of the subject matters of O.S.No.1/1970, in 1962 itself, therefore, they were not partible.

4. The Court partly decreed O.S.No.1/1970 and dismissed the suit with regard to which Lakshmanareddy and Venkatareddy clamed independent rights. Against that judgment, Sriramareddy filed R

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