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JAYARAJA REDDY – Appellant
Versus
SMT D M CHANDRAMMA – Respondent
WP 8385/2019
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.8385 OF 2019 (GM-CPC)
BETWEEN :
1.
JAYARAJA REDDY
S/O S. NARAYANA REDDY
AGED ABOUT 66 YEARS
2.
N. JAGADISH REDDY
S/O S. NARAYANA REDDY
AGED ABOUT 64 YEARS
3.
N. NARAYANA REDDY
S/O S. NARAYANA REDDY
AGED ABOUT 60 YEARS
4.
N. RAJAGOPALA REDDY
S/O S. NARAYANA REDDY
AGED ABOUT 56 YEARS
5.
N. LOKESH REDDY
S/O S. NARAYANA REDDY
AGED ABOUT 52 YEARS
6.
N. YUVARAJ REDDY
S/O NARAYANA REDDY
AGED ABOUT 50 YEARS
ALL ARE RESIDING AT NO.2
THIMMAIAH GARDEN
DODDA GUNTE, COX TOWN
BANGALORE-560 005
2
SMT. HAMSAVENI N
W/O LOKANATH REDDY
SINCE DIED BY LRS
7.
SRILEKHA L
D/O LOKANATH REDDY
AGED ABOUT 39 YEARS
8.
RASHMI L
D/O LOKANATH REDDY
AGED ABOUT 37 YEARS
9.
AKHILA L
D/O LOKANATH REDDY
AGED ABOUT 32 YEARS
THE ABOVE 7 TO 9 R/AT
NO.40/3, 2ND CROSS ROAD
KAVERI LAYOUT
NEAR AYYAPPASWAMY TEMPLE
SUDDAGUNTE PALYA
BANGALORE-560 029
10.
SMT. SUSHEELA N
W/O N. VISHWANATH
AGED ABOUT 58 YEARS
NO.1284, 1ST FLOOR 25-B CROSS
24TH MAIN ROAD, 2ND SECTOR
NEAR MARIYAMMA TEMPLE
PARANI PALYA, HSR LAYOUT
BANGALORE SOUTH
BANGALORE-560 102
11.
SMT. NALINI
W/O A. NAGARAJA REDDY
AGED ABOUT 54 YEARS
NO.1302, 'B' BLOCK
NAGARJUNA PERMIER APARTMENT
6TH PHASE, J.P.NAGAR
BANGALORE-560 078
12.
SMT. JAMUNA N
W/O K.R. CHANDRASHEKAR
AGED ABOUT 46 YEARS
3
GOVINDA SHETTY PALYA ROAD
HOSUR MAIN ROAD
KONAPPA AGRAHARA
ELECTRONIC CITY
BANGALORE-560 100 &PETITIONERS
(BY SHRI. M.S. VARADARAJAN, ADVOCATE)
AND :
1.
SMT. D.M. CHANDRAMMA
ALIAS CHANDRA D M
W/O LATE N. MOHAN ALIAS
MOHAN REDDY
AGED ABOUT 59 YEARS
2.
SHILPA
D/O LATE N MOHAN ALIA
MOHAN REDDY
AGED ABOUT 30 YEARS
BOTH RESIDING AT NO.76/2
'A' TYPE, KPWD QUARTERS
JEEVAN BHEEMA NAGAR
BANGALORE-560 075 ... RESPONDENTS
(BY SHRI. VISHNU HEGDE, ADVOCATE FOR R1 & R2)
. . . .
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 01.02.2019 PASSED ON I.A.NO.5 IN O.S. 25860/2009
ON THE FILE OF THE LXXIV ADDITIONAL CITY AND SESSIONS JUDGE
BANGALORE (ANNEXURE-A) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THROUGH VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:
4
ORDER
Defendants/writ petitioners are aggrieved by dismissal
of their application seeking amendment of written
statement.
2.
Briefly stated
the
facts
of
the
case
are,
plaintiff
Chandramma
and
her
daughter
have
filed
O.S. No.25860/2009 on the file of LXXIV Additional City Civil
and Sessions Judge, Mayohall Unit, Bengaluru, seeking
partition and separate possession. Their case is, suit
properties are ancestral joint family properties in the name
of defendant No.1. Defendants No.2 to 7 are sons and
defendants No.9 to 11 are daughters of defendant No.1.
Defendants No. 8(a-c) are children of predeceased daughter
of defendant No.1.
3.
One Mohan @ Mohan Reddy was son of
defendant No.1. First plaintiff in his wife. Mohan passed
away in the year 2005. Since the suit properties are joint
family ancestral properties, Mohan has 1/8th share in the
5
same, to which the plaintiffs are entiled. A partition deed
dated 12.12.2008 has been executed by defendants No. 1 to
7 to which plaintiffs are not signatories and therefore, it
does not bind them. Suit is resisted by the defendants.
4.
The instant application, I.A. No.5 has been filed
to amend paras 20 and 21 in the written statement.
5.
Shri. M.S. Varadarajan for petitioner submitted
that learned Trial Judge, for reasons recorded in para 14 has
rejected the application. He submitted that if the properties
are declared as ancestral properties, the plaintiffs will be
entitled for their share. On the other hand, if the properties
are dec
