H. M. NAGESH Vs. H. C. SAKAPPA

JUDGEMENT

(1.) This petition by the impleading applicant in O.S.No.325/2007 on the file of Prl.Senior Civil Judge & JMFC, Devanahalli, is directed against the impugned order dtd. 13/1/2022, whereby the application I.A.25 filed by the petitioner - impleading applicant to come on record as additional defendant in the suit was rejected by the trial court.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

(3.) A perusal of the material on record will indicate that respondents 1 to 3 - plaintiffs instituted the aforesaid suit against respondents 4 to 12 - defendants 1 to 9 for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable properties. The said suit is being contested by the aforesaid defendants. In the said suit, one Sri.H.M.Venkatesh, who is the brother of the petitioner herein is also contesting the suit as defendant No.5. During the pendency of the suit, petitioner herein filed the instant application for permission to come on record inter alia contending that on 4/7/2018, the petitioner and his brother the aforesaid 5th defendant, entered into a registered partition deed, in which, portion of the suit schedule property was allotted in favour of the petitioner and consequently, the petitioner was entitled to be impleaded as additional defendant in the suit and contest the suit. The said application having been opposed by the respondents 1 to 3 - plaintiffs, the trial court proceeded to pass the impugned order rejecting I.A.No.25, aggrieved by which, the petitioner is before this Court by way of the present petition.