SRINATH A H Vs. MUNILAKSHMAMMA AND OTHERS

JUDGEMENT

(1.) The plaintiff has filed the present writ petition against the order dated 7.4.2015, passed on an interlocutory application made in O.S.No.370/2013, allowing the application filed under Order 1, Rule 10(2) of the Code of Civil Procedure, by the proposed impleading applicants to implead them as plaintiffs 2 to 5.

(2.) The present petitioner, who is the plaintiff before the Trial Court, filed the suit for declaration that the plaintiff is the only legal heir of late Venkataramanappa and the absolute owner and in possession of suit schedule property and for permanent prohibitory injunction restraining the defendants, their henchmen, agents or anybody else claiming under them from disturbing the plaintiff's peaceful possession and enjoyment over the suit schedule property. The defendants filed the written statements, denied the entire plaint averments, except admitting that the suit schedule property belongs to Venkataramanappa and the plaintiff is no way concerned with Venkataram-anappa and sought for dismissal of the suit.

(3.) During the pendency of the suit, the proposed impleading applicants/respondents 9 to 12 filed an application under Order 1, Rule 10(2) of the Code of Civil Procedure to come on record as plaintiffs 2 to 5, contending that they are the daughters of late Venkataram-anappa alias Nandi Venkataramanappa, who had purchased the schedule property under a registered sale deed and after his death, the property is fraudulently alienated by creating concocted document without the knowledge of the applicants. Subsequently, they came to know about the filing of the suit by the plaintiff without making all the legal heirs of Venkataramanappa with an intention to grab the rights of the impleading applicants in the suit schedule property. The plaintiff has no independent and exclusive right to claim the entire suit schedule property. The genealogical tree produced by the plaintiff is false and he has not mentioned the names of all the legal heirs of the deceased Venkataramanappa. Therefore, they want to come on record.