O. LATE SRI. A v. SHESHADRI SETTY, SINCE DECEASED BY HIS LRS. SRI. NAGENDRA N.H, AGED ABOUT
Case Details
- 1 - NC: 2025:KHC:9496 WP No. 2966 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2966 OF 2018 (GM-CPC) BETWEEN: 1. SMT. K. SUBBALAKSHMI AGED ABOUT 77 YEARS, W/O. LATE SRI. A. S. KRISHNAMURTHY SETTY. 2. SRI. SRIDHAR. K AGED ABOUT 62 YEARS, S/O. LATE SRI. A. S. KRISHNAMURTHY SETTY, 3. SMT. SANDHYA SRIDHAR. K AGED ABOUT 57 YEARS, W/O. SRI. SRIDHAR. K. 4. SRI. SHARAN SHESHADRI A. S. AGED ABOUT 32 YEARS, S/O. K. SRIDHAR. 5. SRI. SACHIN A.S.
Legal Reasoning
AGED ABOUT 27 YEARS, S/O. SRI. K. SRIDHAR, Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA ALL ARE RESIDING AT NO.05, PETE BIDI MAIN ROAD, HOLENARASIPURA-573 211, HASSAN DISTRICT. (BY SRI. H.V. DEVARAJU, ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:9496 WP No. 2966 of 2018 AND: 1. 2. 2(A). SRI. K. PRAKASH AGED ABOUT 55 YEARS, S/O. SRI. A.S. KRISHNAMURTHY SETTY, RESIDING T NO.84, 4TH MAIN ROAD, CHAMRAJPET, BENGALURU-560 018. SMT. NAGARATHNAMMA D/O. LATE SRI. A. V. SHESHADRI SETTY, SINCE DECEASED BY HIS LRS. SRI. NAGENDRA N.H, AGED ABOUT 68 YEARS, S/O. SMT. NAGARATHNAMMA, 2(A)(I). SMT. GAYATHRI NAGENDRA. AGED ABOUT 65 YEARS, W/O. LATE SRI. NAGENDRA N.Η., 2(A)(II). SRI. VINAYAKA, AGED ABOUT 40 YEARS, S/O. LATE SRI. NAGENDRA N.Η., 2(A) (I) AND (II) ARE RESIDING AT NAGAR HALAPPA & SONS, SUBHASH NAGAR, 2ND CROSS, BEHIND PWD QUARTERS, SAGAR-577 401. 2(A)(III) SMT. N.N. SHRUTHI, AGED ABOUT 38 YEARS, D/O. LATE SRI. NAGENDRA N.Η., W/O. B. ADITHYA, RESIDING AT NO.1710, - 3 - NC: 2025:KHC:9496 WP No. 2966 of 2018 OPP. SRI RAMA HALL, DODDAPETE, KOLAR-563 101. SRI. N. H. SRIDHAR, AGED ABOUT 62 YEARS, S/O. SMT. NAGARATHNAMMA, SMT. GEETHA, AGED ABOUT 59 YEARS, D/O. SMT. NAGARATHNAMMA. SMT. POORNIMA, AGED ABOUT 35 YEARS, D/O. LATE. SMT. LAKSHMI, GRAND DAUGHTER OF SMT. NAGARATHNAMMA, SRI. AMARANTH K.S. AGED ABOUT 40 YEARS, GRAND DAUGHTER OF SMT. NAGARATHNAMMA. ALL ARE RESIDING AT NAGASARATHI, K.T. LAYOUT, ANIAKOPPA,, SAGAR - 577 401. SMT. V. LEELAVATHI AGED ABOUT 82 YEARS, W/O. LATE SRI. A. S. VENKATARAMANA SETTY, RESIDING AT NANDA MEDICAL STORES, NEAR BUS STAND, HOLENARASIPURA-573 211, HASSAN DISTRICT. SRI. V. NANDAN AGED ABOUT 56 YEARS, 2(B). 2(C). 2(D). 2(E). 3. 4. - 4 - NC: 2025:KHC:9496 WP No. 2966 of 2018 S/O. LATE SRI. A. S. VENKATARAMANA SETTY, RESIDING AT NANDA MEDICAL STORES, NEAR BUS STAND, HOLENARASIPURA-573 211, HASSAN DISTRICT. SRI. SRINATHA A.K. AGED ABOUT 6O YEARS, S/O. LATE SRI. A. S. KRISHNAMURTHY SETTY, RESIDING AT NO.304, 12TH MAIN ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU-560 011. SRI. A. S. SATHYANARAYANA SETTY AGED ABOUT 74 YEARS, S/O. LATE SRI. A. V. SHESHADRI SETTY, RESIDING AT POST BOX NO.05, PETE BIDI MAIN ROAD, HOLENARASIPURA-573 211, HASSAN DISTRICT. SMT. SHEELA, AGED ABOUT 45 YEARS, D/O. LATE. SRI. A.S. SATHYANARAYANA SETTY. SMT. ROOPASHREE, AGED ABOUT 42 YEARS, D/O. LATE. SRI. A.S. SATHYANARAYANA SETTY. SMT. DEEPASHREE, AGED ABOUT 39 YEARS, D/O. LATE. SRI. A.S. SATHYANARAYANA SETTY. SRI. SHRAVAN, AGED ABOUT 29 YEARS, S/O. LATE. SRI. A.S. SATHYANARAYANA SETTY, ALL ARE RESIDING AT 5. 6. 6(A). 6(B). 6(C). 6(D). - 5 - NC: 2025:KHC:9496 WP No. 2966 of 2018 7. 8. 9. 10. POST BOX NO. 5, MAIN ROAD, PETE BEEDI, HOLENARASIPUR, HASSAN DISTRICT SMT. LAKSHMI AGED ABOUT 68 YEARS, W/O. SRI. SATHYANARAYANA SETTY, AND DAUGHTER IN LAW OF A.V. SHESHADRI SETTY, RESIDING AT POST BOX NO.05, PETE BIDI MAIN ROAD, HOLENARASIPURA-573 211, HASSAN DISTRICT. SMT. SHOBHA KAMPLI AGED ABOUT 54 YEARS, W/O. SRI. SRIDHAR R. KAMPALI, D/O. LATE A.S. VENKATANARAYANA SETTY, RESIDING AT SPECTRUM STUDY CENTRE, MADIWALAR NAGAR, HUBLI-29. SMT. B. S. YASHODHA AGED ABOUT 80 YEARS, D/O. A. V. SHESHADRI SETTY, RESIDING AT SHRI KANTA DHAMA, BEHIND ARYAN SCHOOL, VINAYAK NAGAR, TUMKUR-572 101. SMT. B. V. PREMA LEELAVATHI AGED ABOUT 78 YEARS, D/O. LATE SRI. A. V. SHESHADRI SETTY, RESIDING AT NO.3918, "SRINIVAS", 2ND STAGE, HAMPI CIRCLE, - 6 - NC: 2025:KHC:9496 WP No. 2966 of 2018 11. 12. 13. 14. VIJAYANAGAR, MYSORE-570 017. SMT. R. PRABHAVATHI AGED ABOUT 75 YEARS, W/O. SRI. T. S. RAMACHANDRA SETTY, D/O. LATE A.V. SHESHADRI SETTY, RESIDING AT SRI. RANGA NILAYA, K.T. STREET, ARASIKERE-573 103. SMT. SARASWATHI AGED ABOUT 72 YEARS, D/O. LATE SRI. A. V. SHESHADRI SETTY, RESIDING AT NO.181/1, 8TH CROSS, 2ND BLOCK, JAYANAGAR, BENGALURU-560 011. SRI. A. S. RANGANATHA AGED ABOUT 68 YEARS, S/O. LATE SRI. A. V. SHESHADRI SETTY, RESIDING AT POST BOX NO. 05, PETE BIDI MAIN ROAD, HOLENARASIPURA-573 211, HASSAN DISTRICT. SMT. ASHA RANGANATH AGED ABOUT 60 YEARS, W/O. SRI. RANGANATH A.S., AND DAUGHTER IN LAW OF LATE SRI. A. V. SHESHADRI SETTY, RESIDING AT POST BOX NO. 05, PETE BIDI MAIN ROAD, HOLENARSIPURA-573 211, HASSAN DISTRICT. - 7 - NC: 2025:KHC:9496 WP No. 2966 of 2018 SMT. A. S. GAYATHRI AGED ABOUT 66 YEARS, D/O. LATE SRI. A. V. SHESHADRI SETTY, RESIDING AT NO. 03, NEAR R.R. TOWER, 2ND CROSS, BHUVANESHWAARI NAGAR, VERMA LAYOUT, NA-FARM, BENGALURU-560 024. MR. S. M. KHAN AGED ABOUT 57 YEARS, S/O. LATE BHUREHAN KHAN, RESIDING AT MAZZID ROAD, HONAPUR TALUK, HASSAN DISTRICT-573 211. SRI. R. SHIVAPRASAD AGED ABOUT 59 YEARS, S/O. LATE SRI. N. RAMANJINAIAH, RESIDING AT NO. 73, 4TH MAIN, 5TH CROSS, NARASIMHARAJA COLONY, BENGALURU-560 019. SMT. SHASHI PRASAD AGED ABOUT 58 YEARS, W/O. SRI. SHIVAPRASAD, RESIDING AT NO. 73, 4TH MAIN, 5TH CROSS, NARASIMHARAJA COLONY, BENGALURU-560 019. THE MANAGER SRI. VASAVAMBA CO OPERATIVE SOCIETY BANK LIMITED, NO.03, MAIN ROAD, POST BOX NO. 03, 15. 16. 17. 18. 19. - 8 - NC: 2025:KHC:9496 WP No. 2966 of 2018 HOLENARASIPURA-573 211, HASSAN DISTRICT. …RESPONDENTS (BY SRI. K.R.ASHOK KUMAR & SRI. K.N. RAMU, ADVOCATES FOR R1; SRI. RAMAKANTH RAO, ADVOCATE FOR R9, R11, R12 AND R15; SRI. G.C. SHANMUKHA, ADVOCATE FOR R3, R4, R8, R13 AND R14; VIDE ORDER DATED 19/08/2019 NOTICE TO R16 & 19 IS D/W; VIDE ORDER DATED 29/07/2021 NOTICE TO R6 (A TO C) IS H/S. VIDE ORDER DATED 12/08/2021 NOTICE TO R18 IS D/W; R2(A) (I), R2(A) (III), R2 (B TO E) & R6 (D), 10 (A & B) SERVED AND UNREPRESENTED; R5, R7 & R17 SERVED AND UNREPRESENTED) ********** THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR CONNECTED RECORDS RELATING TO ANNEXURE-V DATED 24-06-2017 PASSED ON I.A.NO.3 IN O.S.NO.6041/2013 ON THE FILE OF THE 3RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25) AND ETC. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 9 - NC: 2025:KHC:9496 WP No. 2966 of 2018 ORAL ORDER Defendants 4, 5, 6, 7 and 8 in a suit in O.S.No.6041/2013 pending consideration on the file of the City Civil Judge, Bengaluru, filed by the respondent No.1 herein, for relief of partition and separate possession, are before this Court, being aggrieved by the order dated 24.06.2017 by which an application (I.A.No.III) filed by the plaintiff under Order VI Rule 17 of CPC, to include property bearing Plot No.43-P situated at Kadakola Industrial Area, Kadakola Village, Jayapura Hobli, Mysore Taluk, measuring 8089 Sq.Mtrs as Item No.35 of the plaint schedule properties, has been allowed. 2. The said application is produced at Annexure-F. The affidavit accompanying the said application would reveal that the plaintiff has specifically contended that the aforesaid property is a joint family property allotted by the KIADB, Mysore, in the name of M/s.AVS Agro Industries, Holenarasipura, which is a family concern, consisting of - 10 - NC: 2025:KHC:9496 WP No. 2966 of 2018 the family members of the plaintiff and that due to inadvertence, the said property was left out, at the time of filing of the suit. Objection statement to the said application was filed by defendant No.7 contending that the said property does not form part of joint family property of the family inasmuch as the KIADB, Mysore, had allotted the said property exclusively in the name of Partnership firm, and the plaintiff has no share, right, title and interest in the said property. The Trial Court by impugned order allowed the application by holding that objections/grounds urged by the parties with regard to the said property would be considered at the time of trial and not at the time of consideration of application for amendment to include the said property. It is this order, which is called in question. 3. Heard the learned counsel for both the parties and
Decision
perused the writ petition papers. 4. On a query by this Court, learned counsel for the petitioner submits that the said M/s.AVS Agro Industries, - 11 - NC: 2025:KHC:9496 WP No. 2966 of 2018 and Cold Storage is a partnership firm consisting of defendants 4 to 8 and wife of defendant No.7. He however, submits that though the letter of allotment was prior to filing of the suit, lease-cum-sale and the sale deed were executed subsequent to filing of the suit. Therefore, he submits the Trial Court ought not to have included the said property into the schedule of the plaint. 5. The case of plaintiff is that the said property is a joint family property and he is entitled for a share in the said property. As rightly taken note of by the Trial Court whether the said property is a joint family property or separate property as contended by the parties, has to be adjudicated after the trial. In view of admitted position of parties being members of joint family and as the said partnership firm consists of Family members, this Court do not see any error or illegality with the reasons assigned by the Trial Court, while allowing the application for amendment. - 12 - NC: 2025:KHC:9496 WP No. 2966 of 2018 6. However, keeping open all contentions to be urged by the parties in furtherance to the objection raised by them to the application for amendment, petition is dismissed. Sd/- (M.G.S. KAMAL) JUDGE NG List No.: 1 Sl No.: 17 CT:SNN