VENKANAGOUDA Vs. PADMAVATI

JUDGEMENT

(1.) The caption writ petition is filed challenging the order passed by the final decree court rejecting the application filed by the petitioner herein in I.A.No.5 filed under Sec. 151 of CPC.

(2.) The contention of the present petitioner herein is that the properties bearing R.S.No.241/A measuring 5 acre 15 guntas and R.S.No.342/1A measuring 5 acres 4 guntas are also joint family ancestral properties and the same are not included by the respondent No.1/plaintiff in spite of specific plea was taken by the present petitioner herein in the written statement. Petitioner's contention is that since the above cited agricultural lands are also joint family ancestral properties and the same are to be included in the present final decree proceedings and without including the said properties, the feasibility of partition cannot worked out between the parties.

(3.) The said application was strongly resisted by respondent No.1/plaintiff. Respondent No.1/plaintiff specifically contended that the properties now sought to be included are not subject matter of preliminary decree in O.S.No.144/2005 and thereby this court would not get jurisdiction to effect partition by metes and bounds in respect of the above said properties. Respondent No.1/plaintiff also contended that the present petitioner has already filed a suit in O.S.No.14/2007. He also contended that the above cited agricultural lands were subject matter of O.S.No.14/2007. The present petitioner herein has specifically contended that these properties are joint family ancestral properties and the suit filed by the present petitioner is dismissed. In that view of the matter, the properties sought to be included cannot be considered to workout feasibility in the final decree proceedings.