SOMANATH Vs. LAXMAN

JUDGEMENT

(1.) THE order dated 26.09.2013 in F.D.P. No. 18/2006 passed by the Prl. Senior Civil Court, Jamkhandi, is questioned in this petition.

(2.) BEFORE proceeding further, it would be beneficial, if this Court narrates the facts in brief.

(3.) SMT . V. Vidya, learned advocate appearing on behalf of the petitioner/original plaintiff submits that defendant No. 7/respondent herein has no locus standi to file application for altering the share of the plaintiff inasmuch as the dispute is virtually between brothers and sisters. The sisters of the plaintiff have not come forward to seek modification of share in their favour; defendant No. 7/petitioner herein who has failed in R.S.A. No. 1538/2007 before this Court has no locus standi to file such application seeking modification of the plaintiffs share. She further submits that this Court while deciding R.S.A. No. 5640/2009 directed the Court below to complete the process within 45 days and therefore the Court below is not left with any option but to complete the process based on the initial decree passed in R.A. No. 134/2001 (which arose out of O.S. No. 69/87). Sri Sangram S. Kulkarni, learned counsel appearing for the respondent, per contra, argued in support of the order of the court below contending that the impugned order is in consonance with the settled principles of law and the dictum laid down by the Apex Court in various judgments to the effect that any party to the suit can seek modification of the share till the actual final decree is passed.