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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF JULY, 2022

BEFORE

THE HON9BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.12119 OF 2022 (GM-CPC)

BETWEEN:

1. RAJASEKHAR ANDANURU @ R.B. ANDANUR

S/O LATE ANDANURU BASAPPA

AGED ABOUT 54 YEARS

OCC: MERCHANT

R/O 2ND MAIN, AKKAMAHADEVI ROAD

P J EXTENSION, DAVANAGERE-577002

2. ANDANURU MALLINATH

S/O LATE ANDANURU BASAPPA

AGED ABOUT 52 YEARS

OCC: MERCHANT

R/O 2ND MAIN, AKKAMAHADEVI ROAD

P J EXTENSION, DAVANAGERE-577002

3. SMT. GEETHA GANGADHARA

W/O GANGADHARA

AGED ABOUT 50 YEARS

R/O 2ND MAIN, 7TH CROSS

MCC B-BLOCK, NEAR SWIMMING POOL

DAVANAGERE-577004

...PETITIONERS

(BY SRI.PATIL JAGADEESH GOUD, ADVOCATE)

R

2

AND:

1. A. MOHAN

S/O ANDANURU BASAPPA

AGED ABOUT 56 YEARS

R/O AKKAMAHADEVI ROAD, 2ND MAIN

P J EXTENSION, DAVANAGERE-577002

2. ANDANURU KOTRABASAPPA

S/O LATE ANDANURU BASAPPA

AGED ABOUT 69 YEARS

R/O P J EXTENSION, DAVANAGERE-577002

3. SMT RUMINI

W/O LATE MALLASHETTEPPA ANDANURU

@ M B ANDANURU

AGED ABOUT 54 YEARS

OCC: COFFEE PLANTAR

RAYAL KOPPA, MAGGE ESTATE,

POST MAGGE, ALURU TALUK

HASSAN DISTRICT-573213

4. CHANNABASAPPA ANDANURU @ C B ANDANURU

S/O LATE ANDANURU BASAPPA

AGED ABOUT 62 YEARS

OCC: MERCHANT, 2ND MAIN

AKKAMAHADEVI ROAD, P J EXTENSION

DAVANAGERE-577002

5. ANDANURU DAYANAND

S/O LATE ANDANURU BASAPPA

2ND MAIN, AKKAMAHADEVI ROAD,

P.J. EXTENSION, DAVANAGERE

6. SMT SHAKUNTHALA

W/O LATE YEMMI BASAVARAJAPPA

@ JAYANNA

AGED ABOUT 56 YEARS,

R/O 6TH CROSS, SI RR

3

R/O DAVANAGERE-577002

7. A KOTRABASAPPA

S/O LATE BASAPPA

AGED ABOUT 69 YEARS

8. A CHANNABASAPPA

S/O LATE ANDANURU BASAPPA

AGED ABOUT 62 YEARS

RESPONDENT 7-8 ARE

R/O NO.20, 2ND MAIN, AKKAMAHADEVI ROAD

P J EXTENSION, DAVANAGERE-577002

9. SMT A RUDRAMMA

W/O LATE A DAYANAND

AGED ABOUT 46 YEARS

10. A D SANDEEP

S/O LATE A DAYANAND

AGED ABOUT 22 YEARS

11. A D BEENA

S/O LATE A DAYANAND

AGED ABOUT 20 YEARS,

RESPONDENT NO 9-11 ARE

R/O NO.20, 2ND MAIN, AKKAMAHADEVI ROAD

P J EXTENSION, DAVANAGERE-577002

12. RAJASEKHAR A

S/O LATE ANDANURU BASAPPA

AGED ABOUT 54 YEARS

13. A MALLINATH

S/O LATE ANDANURU BASAPPA

AGED ABOUT 52 YEARS

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RESPONDENT NO.12 & 13 ARE R/O NO.20,

2ND MAIN, AKKAMAHADEVI ROAD

P J EXTENSION, DAVANAGERE-577002

14. SMT RUKMINI

W/O LATE A MALLASHETTAPPA

AGED ABOUT 54 YEARS

15. SUSHEETHA

D/O LATE A MALLASHETTAPPA

AGED ABOUT 27 YEARS

RESPONDENT NO.14 & 15 ARE

R/O ROYAL KOPPA

RAYAL KOPPA, MAGGE ESTATE,

POST MAGGE, ALURU TALUK

HASSAN DISTRICT-573213

&RESPONDENTS

(BY SRI NISHANTH A.V., ADVOCATE FOR C/R15)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER

DT.10.06.2022 PASSED BY THE LEARNED 1ST ADDL.SR.CIVIL

JUDGE AND JMFC AT DAVANGERE ON IA NO.15, 16 AND 17 AT

ANNEXURE-M IN F.D.P.NO.02/2008 AND ETC.,

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR

ORDERS ON 07.07.2022, COMING ON FOR PRONOUNCEMENT OF

ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

The captioned writ petition arises out of final decree

proceedings pending in FDP No.2/2008 on I.A.Nos.15, 16 and

17. The present petitioners are arrayed as respondent

Nos.1(f),

1(g)

and

1(h)

in

the

pending final

decree

proceedings.

2.

The Coordinate Bench of this Court in Civil Revision

Petition No.383/2015 directed the final decree Court to draw

final decree by bringing in suit schedule property for sale as

contemplated under law. The respondent Nos.9 to 11 before

this Court who are arrayed as defendant Nos.4(a) to 4(c) filed

application in I.A.No.12 under Section 2 read with Section 8 of

the Partition Act, 1893 (for short 'the Act of 1893') requesting

the Court to sell the suit schedule property by way of auction

and distribute the proceeds. The said application was allowed

by the final decree Court by order dated 23.11.2021 and the

Court called upon the parties to submit their written

willingness to bid the property und