IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF NOVEMBER 2018

BEFORE

THE HON’BLE MR.JUSTICE S.G.PANDIT

WRIT PETITION NO.34354/2016 (GM-CPC)

BETWEEN:

SRI. PARAMASHIVAIAH A.N.

S/O LATE NEELAKANTEGOWDA,

AGED ABOUT 72 YEARS,

SENIOR CITIZEN,

RESIDING AT 1^ST CROSS,

GANGAMMA GUDI ROAD,

V V EXTENTION, HOSAKOTE,

BANGALORE RURAL DISTRICT

PIN-562114

... PETITIONER

(BY SRI ASWATHANARAYANA REDDY, ADV.)

AND:

1. SRI. BASAVARAJAPPA

S/O LATE NEELAKANTEGOWDA,

AGED ABOUT 74 YEARS,

SENIOR CITIZEN

RESIDING AT ATTURU VILLAGE,

JADIGENAHALLI HOBLI,

HOSAKOTE TALUK,

BANGALORE RURAL DIST.,

PIN- 562114

2. SRI A N NAGARAJ

S/O LATE NEELAKANTEGOWDA,

2

AGED ABOUT 70 YEARS,

SENIOR CITIZEN

RESIDING AT ATTURU VILLAGE,

JADIGENAHALLI HOBLI,

HOSAKOTE TALUK,

BANGALORE RURAL DIST.,

PIN -562114

3. SMT. SHARADAMMA

W/O CHIKKAPPAIAH

AGED ABOUT 68 YEARS,

SENIOR CITIZEN

RESIDING AT ‘H’ CROSS,

NEAR FILM TENT,

SHIDLAGATTA TALUK,

KOLAR DISTRICT-563101

4. SMT. SHREEMATHI

W/O CHIKKAPPAIAH,

AGED ABOUT 65 YEARS,

SENIOR CITIZEN

RESIDING AT SINGANHALLI,

VEMAGAL HOBLI,

KOLAR TALUK,

KOLAR DISTRICT-563101

5. SMT. SHIVAMMA

W/O LATE NEELAKANTEGOWDA,

AGED ABOUT 95 YEARS,

SENIOR CITIZEN

RESIDING AT ATTURU VILLAGE,

JADIGENAHALLI HOBLI,

HOSAKOTE TALUK,

BANGALORE RURAL DIST.,

PIN-562114

6. SRI. M BHASKAR REDDY

S/O SRI RAMA RAGHAVA REDDY,

AGED ABOUT 58 YEARS,

RESIDING AT FLAT NO.207,

3

VARS FANTASY, KODIHALLI,

BANGALORE-114

... RESPONDENTS

(BY SRI K SHIVASHANKAR, ADV. FOR R1

NOTICE TO R3 SERVED AND UNREPRESENTED

SRI NAGESH M, ADV. FOR R4

NOTICE TO R6 IS D/W V/O DATED 20.11.2018)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE

RECORDS PERTAINING TO SUIT IN O.S.2928/2006 PENDING ON

THE FILE OF THE I ADDL. CIVIL JUDGE (SR. DVN.,) AT

BANGALORE CITY, BANGALORE; QUASH THE ORDER DATED

05.04.2016 PASSED ON I.A. IN O.S.2928/2006 ON THE FILE OF

THE I ADDL. CIVIL JUDGE (SR. DVN.,) AT BANGALORE CITY,

BANGALORE VIDE ANNEX-M AND ETC.

THIS WRIT PETITION COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Petitioner/defendant No.1 in O.S.No.2928/2006 is

before this Court against the order of rejection of I.A., dated

05-04-2016 on the file of the I Additional Senior Civil Judge,

Bangalore Rural District, Bangalore.

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2.

First respondent is the plaintiff; petitioner is defendant

No.1 and respondents No.2 to 6 are other defendants in

O.S.No.2928/2006 filed for partition and declaration of sale

deed dated 11-01-2006 as null and void and not binding on

the plaintiff. The defendants filed their written statement

contending that there was prior partition and the suit for

partition is not maintainable. The trial Court, based on the

pleadings of the parties framed the issues by its order dated

03-01-2009. The defendant No.1 filed application under

Order XIV Rule 5 of CPC praying to frame additional issues

No.6 to 19. The trial Court, by its order dated 05-04-2016

rejected the I.A. seeking to frame additional issues, which

order is impugned in this writ petition.

3.

Heard the learned counsel for the petitioner and learned

counsel for respondent No.1 and perused the writ papers.

4.

Learned counsel for the petitioner submits that the

present suit is not maintainable since there is prior partition

by written deed dated 26-10-1986. Further, he pointed out

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that one of the prayers sought in the plaint is for permanent

injunction restraining the defendants from interfering with

plaintiff’s allotted portion.

5. The trial Court, by its reasoned order has rejected the

application. The issues framed by the trial Court would take

care of most of the additional issues sought for by defendant

No.1 in his application. In a partition suit, the issues to be

decided are whether the properties are jo