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2025 Supreme(Online)(KAR) 4842

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SMT. JUSTICE LALITHA KANNEGANTI, J
K. Susheela S/o. Late K. Susheela – Appellant
Versus
K. Sarojini, W/o. U. Ramachandra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. SACHIN B.S., ADVOCATE
For the Respondent:SRI. SHYAM KOUNDINYA A.S., ADVOCATE FOR R1

ORAL ORDER

Aggrieved by the order passed in I.A.No.2 filed under Order 1 Rule 10(2) Read with Section 151 of CPC in FDP.No.14/2008 dated 05.11.2019 by the I Addl. Civil Judge, Mangaluru, Dakshina Kannada, the impleading parties have come before this Court.

2. It is the case of respondent No.1 herein that she had filed the suit O.S.No.550/1996 seeking partition and separate possession. That came to be decreed by judgment and decree dated 07.04.2003. Thereafter, defendant No.1 in the suit had preferred an appeal and thereafter, filed a second appeal before this Court. All the appeals came to be dismissed and preliminary decree has attained finality. Then, the plaintiff had initiated the final decree proceedings. In the final decree proceedings, this application came to be filed under Order 1 Rule 10(2) Read with Section 151 of CPC . It is the case of the petitioners herein that the property belongs to one Kalyani, she had executed a settlement deed in favour of the petitioner’s mother on 16.06.1952. It is also the case of the plaintiff that the said Kalyani had executed a settlement deed in favour of the plaintiff’s mother. It is the case that they have come to know about the pendi

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