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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
Chandramma, W/o. Late Ramanna – Appellant
Versus
K.M. Mahadevegowda, S/o. Late Maleyegowda – Respondent
ORDER :
PRADEEP SINGH YERUR, J.
This matter is taken up for final disposal with the consent of learned counsel for the parties appearing before this Court. The petitioners herein are the impleading applicants in OS.No.41/2021 filed by the plaintiffs/respondents for the relief of partition and separate possession and other consequential reliefs.
2. Petitioners/impleading applicants filed an application under Order I Rule 10 read with Section 151 CPC to implead them as defendant Nos.15 to 19 in the suit for partition filed by the plaintiffs/respondents in O.S.NO.41/2021 before the Senior Civil Judge, JMFC, Nanjangud. It is the contention of learned counsel for the petitioners/impleading applicants that the suit schedule item No.2 situated in Survey No.16 of Kaggalur Village, Hullahalli, Hobli, Nanjangudu Taluk which measures totally to an extent of 5 acres 15 guntas, was originally owned by one Sri.Dasashetty. The said land to an entire extent of 5 acres 15 guntas was sold to one Sri.Karigowda S/o Giddegowda on 11.11.1932. In turn, out of the said 5 acres, 3 acres of land came to be sold in favour of one Dhyavagowda S/o Bettegowda by executing a registered sale deed on 13.12.1945, the
The court allows the impleadment of parties in partition suits when they provide sufficient evidence of ownership despite prior non-production of documents.
In proceedings for partition, parties with potential rights to the property are necessary for adjudication to ensure complete justice and fair representation.
The court's discretion to implead a third party as a defendant in a partition suit after the passing of a preliminary decree is guided by factors such as whether the third party's rights are affected....
A transferee of property involved in suit proceedings has the right to be added as a party to protect their interests, ensuring equitable resolution in property disputes.
The right to intervene in ongoing execution proceedings is denied if the petitioner has no established interest in the property and the rights of prior parties have been conclusively determined.
The main legal point established in the judgment is that unregistered agreements to sell do not confer ownership rights in immovable property, and the validity of such agreements is determined by the....
In a suit for partition of property, all the members of the family, who have interest and claim over the joint family properties are required to be impleaded. However, if the plaintiff is not claimin....
Purchasers of property in a partition suit may seek impleadment to assert equity; Section 52 of Transfer of Property Act permits their inclusion in ongoing litigation for effective adjudication.
The main legal point established in the judgment is the discretion of the court to add necessary parties for the complete adjudication of the suit, emphasizing the importance of settling all disputes....
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