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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 17TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

W.P No.62019/2012 (GM – CPC)

BETWEEN

1.

Arogyanagar Co-operative Housing

Society Ltd, Dharwad, represented by

its President.

2.

The Secretary

Arogyanagar Co-operative Housing

Society Ltd, Dharwad.

...Petitioners

(By Sri Shriharsh A Neelopant, Advocates)

A N D

1.

Sri Fakirgouda s/o Basangouda Patil

Age 84 years, Occ: Agriculture

r/o Gouli Galli, Malmaddi, Dharwad.

2.

Sri Manjunathgouda s/o Fakirgouda Patil

Age 56 years, Occ: Business

r/o Gouli Galli, Malmaddi, Dharwad.

3.

Smt.Nilawswa w/o Fakirgouda Patil

Age 68 years, Occ: Household

r/o Gouli Galli, Malmaddi, Dharwad.

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4.

Sri Basangouda s/o Fakirgouda Patil

Age 50 years, Occ: Business

r/o Gouli Galli, Malmaddi, Dharwad.

5.

Sri Dyavanagouda s/o Fakirgouda Patil

Age 43 years, Occ: Business

r/o Gouli Galli, Malmaddi, Dharwad.

6.

Smt.Ganga w/o Dyavanagouda Patil

Age 39 years, Occ: Housewife

r/o Ankalagi, Tq: Hukkeri

Dist : Belgaum.

7.

Sri Sagar s/o Dyavanagouda patil

Age 16 years, Occ: Student

R/o Gouli Galli, Malmaddi

Dharwad.

The plaintiff No.6 is minor, represented

by his next friend i.e. natural father,

defendant No.4.

8.

Smt.Shashikala w/o Sadashiv Hallur

(Shashikala d/o Fakirgouda Patil)

Age 46 years, Occ: Household

r/o Gouli Galli, Malmaddi, Dharwad.

9.

Smt.Savita w/o Basanagouda Patil

Age 45 years, Occ: Household

r/o Gouli Galli, Malmaddi, Dharwad.

10.

Smt.Uma w/o Basanagouda Patil

Age 19 years, Occ: Student

r/o Gouli Galli, Malmaddi, Dharwad.

11.

Ashwini d/o Basanagouda Patil

Age 18 years, Occ: Student

r/o Gouli Galli, Malmaddi, Dharwad.

(R-7 to R-11 deleted vide court order dtd:26.10.2016)

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12.

The Registrar

Co-operative Society

Ali Askar Road, Bangalore.

... Respondents

(By Sri S N Banakar, Advocate for R1 – R2,

Sri Prashant S Kadadevar, Advocate for R2,

Sri Vinayak S Kulkarni, AGA, for R12,

R3 - served)

This writ petition is filed under Articles 226 and 227 of the

Constitution of India praying to set aside the impugned order

dated 29.2.2012 passed by the Principal Civil Judge and Principal

JMFC, Dharwad on the interim application No.2 filed by the

present respondents/plaintiffs under Order 8 Rule 9 r/w Section

151 of CPC as per Annexure-A and dismiss the interim

application No.2 filed by the present respondents/plaintiffs under

Order 8 Rule 9 R/W Section 151 of CPC.

THIS

WRIT

PETITION

HAVING

BEEN

HEARD

AND

RESERVED ON 22.04.2021 FOR ORDER AND COMING ON FOR

PRONOUNCEMENT OF JUDGMENT, THIS DAY THE COURT PASS

THE FOLLOWING:

ORDER

This writ petition is filed challenging the order dated

29.2.2012 passed by the Principal Civil Judge and Principal JMFC,

Dharwad on IA No.2 filed under Order 8 Rule 9 read with Section

151 of CPC granting leave to the plaintiffs to submit the

rejoinder to the written statement filed by defendants No.1 and

2 in OS No.491/2011.

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2.

Plaintiffs filed a suit in OS No.491/2011 against the

defendants for a direction to enroll them as members of

defendant No.1-Society and to execute sale deed in respect of

24 plots in their favour and the consequential relief of

possession.

3.

Pursuant to the suit summons, defendants appeared

through their counsel and filed the written statement denying

the plaint averments and further contended that the plaintiffs

agreed to sell the entire area of 11 acres 29 guntas, but they

executed the sale deed only in respect of 11 acres 14 guntas.

The condition precedent to transfer plots of 29 guntas was that

the plaintiffs shall execute the sale deed of the entire extent of

land measuring 11 acres 29 guntas in RS No.56/3 + 1+1

situated at Attikola village.

4.

Plaintiffs filed I.A.No.