LAWS(KAR)-2000-9-74

LAKSHMAMMA AND ANOTHER Vs. VENUGOPAL AND OTHERS

Decided On September 05, 2000
Lakshmamma And Another Appellant
V/S
Venugopal And Others Respondents

JUDGEMENT

(1.) THIS Revision Petition arises from the judgment and order dated 19.11.1999, whereby the Trial Court rejected the revision -Petitioners' application for impleadment as a party in Original Suit O.S. No. 87 of 1999.

(2.) THE facts of the case in nutshell are: that, the Plaintiff -Venugopal filed a suit for partition claiming 1/4th share, in that suit, Plaintiff impleaded his father and three brothers as the parties. Plaintiff claimed 1/4th share. During pendency of the suit, the revision -Petitioners, who are the sisters of the Plaintiff, and Defendant -Respondent Nos. 3 and 4, and daughters of Defendant -Respondent No. 2, filed the application under Order 1, Rule 10 of the Code of Civil Procedure with the allegations to the effect that they are the daughters of Sri Lakkegowda, the 1st Defendant and sisters of Venugopal, Venugopal is the Plaintiff in the suit. The applicants further submitted that Plaintiff has not impleaded them as parties, though the applicants have got interest in the matter, and also have been entitled to share in the properties.

(3.) I have applied my mind to the contentions made by the learned Counsel for the parties.