N. GANAPATHY Vs. PRARTHANA

JUDGEMENT

(1.) This writ petition is filed against the order dated 6th July, 2020 passed by Senior Civil Judge and CJM at Madikeri, Kodagu on I.A.No.1 in FDP No.21/2019 filed under Order 20 Rule 18 read with Section 151 of CPC, whereby the application has been dismissed.

(2.) Respondent No.5 had purchased items No.18, 19 and 22 of the petition schedule properties from respondents No.3 and 4 and wife of respondent No.3. In turn, he sold the properties to the petitioner by executing a registered sale deed dated 10th October, 2011.

(3.) Respondents No.1 and 2 filed OS No.55/2012 against the petitioner and respondents No.3 to 7 seeking for partition and separate possession of their half share in the suit schedule properties including the properties purchased by the petitioner. Trial Court by judgment and decree dated 13.8.2018 decreed the suit in part by allotting 1/4th share to respondents No.1 and 2 jointly, 1/4th share to respondent No.3 and 1/4th share each to respondents No.6 and 7. Further, the petitioner was granted with liberty to apply for equitable partition and for allotting the properties purchased by him to the share of respondent No.3