EASHWARACHARY S/O LATE CHIKKADODDACHARI Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING VIDHANASOUDHA DR. AMBEDKAR VEEDHI AND OTHERS

JUDGEMENT

(1.) THE Petitioner has called into question the third Respondent's order, dated 25.9.2008 (Annexure -R) and the endorsement, dated 30.9.2008 (Annexure -S).

(2.) THE facts of the case in brief are that the land measuring 20 guntas at Sy. No. 120/2 of Hinnaki Village, Jigani Hobli, Anekal Taluk, Bangalore District was acquired for the benefit of the second Respondent. The third Respondent had prepared the cheque towards the award amount in favour of the Petitioner. At that juncture, the Respondent Nos. 4 to 20 filed their objections (Annexure -J). The sum and substance of their objections is that the property in question is their joint family property; for some reason, the sale deed is registered only in favour of the Petitioner. It is also stated that there is no partition of the joint family properties. They requested the Respondent No. 2 not to disburse the compensation to the Petitioner. The Respondent No. 3 vide his order, dated 25.9.2008 (Annexure -R) directed that the matter be referred to the Reference Court. Subsequently, the Respondent No. 3 has issued the endorsement dated 30.9.2008 offering to deposit the amount with that Court where the parties would be filing the suit. The third Respondent's said order, dated 25.9.2008 and the endorsement, dated 30.9.2008 are impugned in these petitions.

(3.) SRI Basavaraj V. Sabarad, the learned Counsel appearing for the Respondent No. 3 submits that, as the Respondent Nos. 4 to 10 claim that the property in question is a joint family property and that no partition has taken place in their family, the Respondent No. 3 is justified in deciding to send the matter to the Reference Court.