KASHAMMA Vs. MAHADEVAPPA AND OTHERS

JUDGEMENT

(1.) THE Petitioner is applicant in I.A. No. V. The said application is filed under Order 1, Rule 10 read with Section 151 of C.P.C. to get herself impleaded in a final decree proceedings, which is dismissed.

(2.) RESPONDENTS -1 to 10 have filed a suit in O.S. No. 4/81 for partition and separate possession of their 5/6th share in the suit schedule property. The suit properties are agricultural land as well as residential house. After contest the said suit was decreed. As against which, R.A. No. 68/97 was preferred which was dismissed. Against which, RSA 700/93 was preferred which was also dismissed by this Court confirming the judgment and decree passed in the suit.

(3.) LEARNED Counsel appearing for the petitioner submits that indeed the final decree proceeding is continuation of the original proceedings, the petitioner is entitled to a share in the property, is a proper and necessary party. Hence, the learned Trial Judge was not justified in rejecting the said application.