C. RAMESH Vs. R. SRIDHARAN AND ORS.

JUDGEMENT

(1.) PETITIONER in F.D.P. No. 58/07 on the file of the XIX Additional City Civil Judge, Bengaluru, aggrieved by the order dated 08.04.2011 rejecting interlocutory application under Order I Rule 10(2) of Code of Civil Procedure to implead respondents 1 to 8, has presented this petition under Article 227 of the Constitution.

(2.) BRIEFLY stated facts are: petitioner claiming to be a member of Joint Hindu Undivided Family instituted O.S. No. 878/2004 for declaration, partition and separate possession of the joint family properties, arraigning other members of the joint family as party defendants. That suit was decreed on 12.12.2006 declaring that petitioner is entitled to 1/5th share in the suit schedule property. Petitioner initiated final decree proceeding registered as FDP No. 58/2007.

(3.) RESPONDENT No. 8 instituted O.S. No. 9417/2008 arraigning petitioner as defendant for injunctory relief which was decreed on 06.09.2007 restraining the petitioner from interfering with the enjoyment of the suit schedule immovable property i.e., house list No. 146/1 -X -2(No. 2) of Hulimavu village, Beguru Hobli, Bengaluru South Taluk, which, when called in question in RFA No. 2451/2007 was disposed of by order dated 22.09.2010 affirming the said judgment and decree.