SHREEKANT KALLAPPA VAKKUND Vs. ANNAPOORNA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 22/7/2019 passed on I.A.No.IX in O.S.No.89/2014 by the Senior Civil Judge, Bailhongal, whereby the aforesaid application seeking impleadment in the suit was dismissed by the Trial Court.

(2.) Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2 and perused the material on record.

(3.) The material on record discloses that respondent Nos.1 and 2/plaintiffs instituted the aforesaid suit against the respondent Nos.3 to 12/defendants seeking partition and separate possession of their alleged share in the suit schedule properties. Respondent Nos.1 and 2 are claiming to be the daughters of respondent Nos.3/defendant No.1- Kallappa. During the course of the suit, petitioner and respondent No.13 herein filed the instant application I.A.No.IX seeking their impleadment on the ground that they were the children of respondent No.3/defendant No.1-Kallappa through his first wife-Mahadevi and as such since they are also co-sharers in relation to the suit schedule properties and were entitled to a share therein, they were both proper and necessary parties to the suit.