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THE HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
SMT. ANJINAMMA D/O. LATE AJINAPPA, W/O. VENKATAPPA – Appellant
Versus
SRI NAGARAJ S/O. ANJANAPPA – Respondent
| Table of Content |
|---|
| 1. withdrawal of partition suit permitted for inclusion of necessary parties. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal importance of necessary parties and the principle of dominus litus in partition suits. (Para 6 , 7 , 8) |
| 3. continuous nature of partition suits until complete adjudication. (Para 9 , 10) |
| 4. judicial discretion upheld concerning withdrawal and refiling of partition suits. (Para 11 , 12) |
ORAL ORDER
2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with.
4. Before averting to the contentions urged by the petitioner, it is relevant to extract the memo filed by the plaintiffs which reads as under:
In view of the fact that some of the joint family properties were not included in the present suit and also some of the parties were left out in the present suit, to add all the joint family properties which are available for partition and also to make proper parties to the suit, the plaintiffs intends to file a fresh suit by withdrawing the present suit. Hence, the plaintiffs hereby pray that this Hon’ble Court be pleased to permit the plaintiffs to withdraw the above suit with a liberty
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