LAWS(KAR)-2008-6-15

BINDURAO KULKARNI Vs. SAROJINI

Decided On June 02, 2008
BINDURAO KULKARNI Appellant
V/S
SAROJINI SINCE DECEASED BY HER LRS Respondents

JUDGEMENT

(1.) THE petitioner has challenged the order dated 16/2/2006 rejecting his application filed under Section 151 of Civil Procedure code.

(2.) THE facts relevant for the purpose of this petition are as under: the Civil Suit No. 40/1954 instituted by Sri Rudrappa alias Appasaheb avati seeking the relief of partition and separate possession of his shares in the agricultural lands and house sites described in the Schedules 'a' and 'b' of the plaint. The suit came to be decreed on 27/10/1956 and the copy of Decree is produced at Annexure 'b'. Aggrieved by the judgment and decree the appeals in R. A. Nos. 26 of 1957, 31/1957 and 45/1957 were filed and ultimately the appeals were disposed of vide order dated 4/11/1965 vide Annexure 'c'.

(3.) AFTER the death of Rudrappa the plaintiff in the said suit, his legal representatives i. e. , wife and children respondent Nos. 1 to 5 initiated final decree proceedings in FDP No. 9 of 2003 and the copy of the application has been produced at Annexure 'p'.