SHAKRAPPA Vs. NEELAVVA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 11/7/2022 passed on I.A.No.6 in FDP No.10/2015 on the file of III Addl.Senior Civil Judge and C.J.M., Dharwad whereby the aforesaid application filed by respondents No.1 and 2 under Sec. 151 C.P.C. seeking modification of the preliminary decree by allotting equal shares to them in terms of the judgment of the Hon'ble Apex Court in the case of Vineeta Sharma V/s Rakesh Sharma reported in 2019(6) SCC 162 was allowed by the trial Court.

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

(3.) The material on record indicates that the preliminary decree dtd. 20/12/2008 passed in O.S.No.170/2005 and confirmed in R.A.No.3/2009 dtd. 11/6/2014 was sought to be enforced and implemented by respondents No.1 and 2 before the trial Court by instituting the instant FDP No.10/2015. During the pendency of the said proceedings, in the light of the judgment of the Apex Court in Vineeta Sharma (supra), respondents No.1 and 2 filed the aforesaid I.A.No.6 seeking modification of the preliminary decree by allotting equal share in their favour. Though the said application was opposed, the trial Court proceeded to allow I.A.No.6 by passing the impugned order, which is assailed in the present petition.