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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100411 OF 2023 (GM-CPC)
BETWEEN:
1. KUMARI PALLAVI D/O DINESH PITAGI @ PATIL AGE 16 YEARS OCC STUDENT R/O KODI MALA MANGASULI ATHANI 591234 TQ ATHANI DIST BELAGAVI
2. KUMARI VAISHNAVI D/O DINESH PITAGI @ PATIL AGE 13 YEARS OCC STUDENT R/O KODI MALA MANGASULI ATHANI 591234 TQ ATHANI YASHAVANT DIST BELAGAVI NARAYANKAR
3. KUMARI RUSHIKESH D sii gg nit ea dl l by y YASHAVANT D/O DINESH PITAGI @ PATIL NARAYANKAR AGE 10 YEARS OCC STUDENT R/O KODI MALA MANGASULI ATHANI 591234 TQ ATHANI DIST BELAGAVI PETITIONER 1 TO 3 ARE MINORS ARE REPRESENTED BY THEIR NATURAL GUARDIAN/MOTHER I.E., PETITIONER NO.4 SMT. SANGITA.
W/O DINESH PITAGI @ PATIL AGE 35 YEARS OCC: HOUSEHOLD & AGRICULTURE R/O KODI MALA, MANGASULI ATHANI 591234 TQ ATHANI DIST BELAGAVI
4. SMT. SANGITA W/O DINESH PITAGI @ PATIL AGE 35 YEARS OCC: HOUSEHOLD & AGRICULTURE R/O KODI MALA, MANGASULI ATHANI 591234 TQ ATHANI DIST BELAGAVI …PETITIONERS (BY SRI. PRUTHVI K S.,ADVOCATE)
AND:
1. SHRI. AKHALAKHAMED S/O MOHAMMEDISHAW RAIBAG AGE: 45 YEARS, OCC: BUSINESS, R/O GOUSIA TOWER, H.NO. 1589, NAVI GALLI, SHAHAPUR-590003, BELAGAVI, TQ AND DIST: BELAGAVI.
2. SHRI RAJARAM SIDRAI KARIMUDAKANNAVAR AGE: 55 YEARS, OCC: AGRICULTURE & PRIVATE BUSINESS, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI
3. SMT. MAYA KRISHNA PATIL AGE: 44 YEARS, OCC: AGRICULTURE & PRIVATE BUSINESS, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI.
4. SMT.SUMITRA W/O SIDRAM KARMUDAKANNAVAR AGE: 73 YEARS, OCC: HOUSEHOLD, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI.
5. SHRI.SIDRAM S/O NINGAPPA KARMUDAKANNAVAR AGE: 81 YEARS, OCE: AGRICULTURE, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI.
6. SHRI. SANJAY S/O SIDRAM KARMUDAKANNAVAR AGE: 49 YEARS, OCC: AGRICULTURE, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI.
7. SHRI. SHANKAR S/O SIDRAM KARMUDAKANNAVAR AGE: 48 YEARS, OCC: AGRICULTURE, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI.
8. SHRI. KISHAN S/O SIDRAM KARMUDAKANNAVAR AGE: 33 YEARS, OCC: AGRICULTURE, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI.
9. SMT. SAPNA W/O SHANKAR JALIKATI AGE: 39 YEARS, OCC: HOUSEHOLD, R/O # 357, SHUKRAVARPETH GALLI, SAMBRA VILLAGE, BELAGAVI-591124, TQ AND DIST: BELAGAVI. 10. SMT. MADHURI W/O MAHESH HUNDRE AGE: 40 YEARS, OCC: HOUSEHOLD, R/O # 366, MAIN ROAD, KANGRALI.K.H, BELAGAVI-590010, TQ AND DIST: BELAGAVI. 11. SHRI. RAHID S/O ABDULRAZAK MULLA AGE: 56 YEARS, OCC: AGRICULTURE, R/O PLOT. NO.2716, SECTOR. NO.12 MAHANTESH NAGAR, BELAGAVI-590001, TQ AND DIST: BELAGAVI.
12. SHRI.ARUN S/O BHIMRAO SHIVANE AGE: 68 YEARS, OCC: BUSINESS, R/O 4373/A, CHAVAT GALLI BELAGAVI-590001, TQ AND DIST: BELAGAVI.
…RESPONDENTS (BY SRI. SRINIVAS B NAIK., ADVOCATE FOR R1 SRI. MRUTYUNJAY TATA BANGI., ADVOCATE FOR R11, R2, R4, R6 TO R10 SERVED NOTICE TO R3 TO R5 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER ON I.A. NO. 13 DATED 25/11/2022 IN O.S. NO. 190/2018 PASSED BY THE COURT OF I ADDL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI VIDE ANNEXURE-G BY ALLOWING THIS PETITION AND ETC.
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Issue a writ in the nature of Certiorari by quashing the impugned order on I.A.No.13 dated 25.11.2022 in O.S.No.190/2018 passed by the I Addl. Senior Civil Judge and CJM, Belagavi vide Annexure-G by allowing this petition, in the interest of justice and equity.
b. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.
2. Respondent No.1 had filed a suit in OS No.190/2018 seeking for specific performance. The petitioner claiming that the subject matter of the said suit was a joint family property, and they had an undivided interest in the said property had filed an application for being impleaded in the said proceedings. The said application having been rejected the petitioner is before this Court seeking for the aforesaid relief.
3. It is submitted that the petitioners have also filed a separate suit in OS No.204/2022 seeking for partition and separate possession and there is another suit which is pending in OS No.179/2019 for cancellation of sale deed.
4. Learned counsel for the petitioner further submits that a miscellaneous petition for transfer and clubbing of all the cases has been filed in Misc. No. 147/2023 pending on the file of the principal district & session judge, Belagavi.
5. In that view of the matter, when there are three separate suits which are already pending and the petitioners are the plaintiffs in OS No.204/2022 where their interests are to be determined, a transfer and clubbing petition having been filed, it would be required that the same is allowed.
6. Though the learned counsel for the respondents submit that the clubbing, transfer and miscellaneous petition would have to be adjudicated by the Court before which it is pending, I am of the considered opinion that when there are three different suits relating to the same property and the parties are also common, the issues which would arise having an interplay in all the suits, the said transfer clubbing application would have to be allowed. Since the said transfer and clubbing application would have to be allowed.
7. If that be so, the rights of the parties in all the suits being required to be determined by the Court, then there would be no particular additional requirement of the petitioner to be impleaded in the present suit.
8. With the above observation, the petition stands disposed of.
9. In view of the disposal of the main matter, pending IA does not survive for consideration.
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