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KARNATAKA HIGH COURT
M.NAGAPRASANNA, J
SMT RAMAKKA W/O LATE G. ANJINAPPA – Appellant
Versus
SRI GUNDE GOWDA S/O LATE G. ANJINAPPA – Respondent
| Table of Content |
|---|
| 1. judicial review over orders in partition suits requiring full family representation. (Para 1 , 2) |
| 2. need for all affected parties in family compromise. (Para 3) |
| 3. court observation on representation in partition proceedings. (Para 4) |
| 4. final ruling quashing prior order and remitting the case. (Para 6) |
ORAL ORDER
The petitioners - defendants No.7, 8 and 9 are at the doors of this Court calling in question an order dated
26.11.2021 passed in O.S.No.590/2006, whereby the concerned Court directed drawing up of a final decree pursuant to a compromise that had entered into under Order XXIII Rule
3 of the Code of Civil Procedure, 1908 ('the CPC' for short).
2. Heard Shri Chandrappa V., learned counsel appearing for the petitioners and Shri Umesh B.N., learned counsel appearing for respondents No.2, 3 and 5.
3. The suit instituted in O.S.No.590/2006 was for partition and separate possession. During the pendency of the suit, it transpires that few of the plaintiffs and the defendants enter into a compromise, without drawing all the persons of the family as parties to the said suit or the compromise.
4. Therefore, Shri M.S. Varadarajan, learned counsel appearing for the impleadi
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