JAYAMMA Vs. P SRIRAMMAYYA

JUDGEMENT

(1.) The petitioners/plaintiffs in O.S.No.198/2018 on the file of Principal Senior Civil Judge at Chikkaballapura are before this Court, questioning the order dtd. 4/7/2022 by which, I.A.No.11 filed under Order I Rule 10(2) of CPC as well as I.A.No.12 filed under Order VI Rule 17 of CPC are rejected.

(2.) Heard learned counsel Smt.Sowmya for petitioners and Sri.K.N.Nitish, learned counsel for respondents No.1, 3, 4, 10 and 11; Sri.K.N.Praveen Kumar and Sri.K.Ajaykumar, learned counsels for respondent No.9; Sri.A.Lourdu Mariyappa, learned counsel for respondents No.2. Perused the writ petition papers.

(3.) Learned counsel for the petitioners would submit that the suit of the petitioners/plaintiffs is one for partition and declaration that plaintiffs are entitled for 1/7th share in the suit schedule properties and alleged sale deeds and Gift Deeds executed by defendants are not binding on the plaintiffs. Learned counsel for the petitioners would submit that I.A.No.11 is filed under Order I Rule 10(2) of CPC to implead the proposed defendant No.12 who is the daughter of first defendant. It is submitted that the first defendant executed Gift Deed dtd. 14/8/2018 in favour of defendant No.12. Therefore, it is submitted that proposed defendant would be necessary and proper party to suit. Learned counsel would further submit that when the first defendant has created interest in the proposed defendant in respect of one of the items of suit schedule properties, it would be appropriate for the petitioners/ plaintiffs to bring the beneficiary under the Gift Deed as party to the suit. Thus, she prays for allowing I.A.No.11 to implead the proposed defendant No.12.