NANJAPPA Vs. NANJUNDAPPA

JUDGEMENT

(1.) The captioned writ petition is filed by the defendant No.20, who is a pendente lite purchaser, questioning the order of the Appellate Court in rejecting the application filed in I.A.No.13 under Order 39 Rule 1 and 2 of CPC by the present petitioner herein.

(2.) The respondent - plaintiff has instituted a suit seeking relief of declaration to declare that he is the absolute owner in possession of the suit schedule property and for consequential relief of permanent injunction against defendant Nos.1 to 7. The respondent - plaintiff claims that suit schedule property originally was an ancestral property and in a family partition, 3 acres 14 guntas was allotted to the share of one Mahadevappa and remaining 2 acres was allotted to the plaintiff herein. Plaintiff further contended that during lifetime of Mahadevappa, he along with his son Shivanna alienated the property measuring 3 acres 14 guntas in favour of plaintiff through a registered sale deed dtd. 8/9/1990.

(3.) The present suit is filed by alleging that defendant Nos.1 to 7 are asserting right over 2 acres of land in the above said survey number i.e., Sy. No.42/2 and therefore, the present suit is filed by contending that plaintiff has acquired valid right and title pursuant to a family partition, wherein 2 acres was allotted to the share of plaintiff and therefore, plaintiff claims that he is the absolute owner and in possession.