PUTTAMMA AND ORS. Vs. MARIYANNA AND ORS.

JUDGEMENT

(1.) The petitioners-plaintiffs filed the present writ petitoin against the order dated 02.08.2016 passed by Senior Civil Judge and J.M.F.C at Sira made in O.S.No.22/2011 partly allowing the application-I.A.No.9 filed by defendants under Section 151 of the Code of Civil Procedure to direct the 11th defendant-Special Land Acquisition Officer, KIADB to disburse the compensation amount awarded in favour of defendants No.1 to 9 in respect of suit schedule properties which was acquired by defendant No.9 measuring 9 Acres 11 guntas.

(2.) The plaintiffs filed a suit for partition and separate possession in respect of suit schedule properties contended that all the properties are acquired by the Government in respect of suit schedule properties are joint family properties of plaintiffs and defendants 1 to 10. Defendants have filed written statement not disputed that the suit schedule properties are joint family properties and plaintiffs are the members of joint family. In the meanwhile, 11th respondent-KIADB acquired all agricultural properites i.e. item Nos.1 to 4 to the suit schedule properties totally measuring 9 acres 11 guntas. Now, the matter is posted for arguments, at that stage, the defendants 1 to 9 have filed application-I.A.No.9 under Section 151 of the Code of Civil Procedure to pass an order directing the 11th defendant-KIADB to disburse the compensation amount awarded in favour of defendant Nos.1 to 9 in respect of suit schedule properties. The said application was resisted by the plaintiffs. The trial Court considering the application and objections, by the impugned order dated 02.08.2016 allowed the applicationI.A.No.9 filed by the defendants 1 to 9 in part and directed the 11th defendant-KIADB to disburse the amount to an extent of 1/9th each share to the sons of Sannadyamanna and award amount pertaining to the alleged shares of daughters of Sannadyamanna is concerned, the same shall be retained by the 11th defendant till further direction by the trial Court. Hence, the present writ petition is filed.

(3.) I have heard the learned counsel appearing for the parties to the lis.