ERALINGAPPA Vs. NAGAMMA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 11-7-2001 passed by the Prl. Civil Judge, Junior Division, Pavagada dismissing I. A. No. 9 in FDP 1/1999.

(2.) THE 1st petitioner is the husband and the 2nd petitioner is the son of one late eramma. The petitioners have succeeded to the estate of deceased Eramma being her legal representatives. Except the petitioners, there are no other legal representatives left behind by the deceased. The said Eramma is the elder sister of the 1st respondent viz. , nagamma. The 1st respondent filed a suit for partition in O. S. No. 36/1987 on the file of the Munsiff and JMFC Pavagada against her mother Kenchamma, the deceased eramma and others in respect of property bearing Sy. No. 73 of Kyathaganahalli village, Pavagada taluk, measuring 1. 12 acres and other properties claiming 1/5th share in the land in question including the movables. The suit was decreed by order dated 22-12-1990. The 1st appellate Court affirmed the decree in so far as the immovables are concerned and set aside the decree in respect of movables are concerned. In regular Second Appeal before this Court, this Court affirmed the judgment passed by the 1st appellate Court. Pursuant to the decree in O. S. No. 36/1987 which came to be affirmed in RSA 586/1992 for effecting partition, Smt. Nagamma filed Final Decree proceedings in the Court of the Prl. Civil judge (Jr. Dn.) Pavagada, in FDP 1/1999 without making the petitioners as party respondents in the said FDP proceedings. The petitioners have filed application for impleading them in the said proceedings claiming the share of Smt. Eramma, being the legal representatives of the deceased eramma. The trial Court by its order dated 11-7-2001 dismissed the application IA. 9 filed by the petitioners. Assailing the correctness of the order passed by the trial court, the petitioners have filed this revision petition.

(3.) HEARD the learned counsel for the petitioners. The respondents are served and unrepresented.