IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.32804/2018 (GM-CPC) BETWEEN:
G.SEENAPPA, S/O LATE NANJUNDAPPA, AGED ABOUT 83 YEARS, R/AT OOLAVADI VILLAGE KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT, PIN CODE: 563125 (BY SRI. SANDESH NADIGER, ADVOCATE …PETITIONER FOR SRI. G.BALAKRISHNA SHASTRY, ADVOCATE) AND:
1. S.NAGARAJ, S/O G.SEENAPPA, AGED ABOUT 53 YEARS, 2. VENU GOPAL, S/O G.SEENAPPA, AGED ABOUT 48 YEARS 3. SMT. SHANTHAMMA, W/O RAVI KUMAR, D/O G.SEENAPPA, AGED ABOUT 46 YEARS, 4. SMT. PADMA, W/O NARAYANA MURTHY, D/O G.SEENAPPA, AGED ABOUT 41 YEARS, 5. SMT. DANAMMA, W/O LATE RAMESH, AGED ABOUT 40 YEARS, 6. SMT. NIRMALA, W/O LATE PRABHAKAR, AGED ABOUT 38 YEARS, RESPONDENTS NO.1 TO 6 ARE RESIDING AT OOLAVADI VILLAGE KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT PIN CODE: 563125 … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 27.03.2017 PASSED BY THE CIVIL JDUGE & JMFC, CHINTAMANI ON IA NO.10 IN O.S.NO.103/2015 VIDE ANNEXURE-A AND IA NO.10 BE ALLOWED AS PRAYED FOR. AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner being the first defendant in a partition suit in O.S.No.103/2015 filed by the first respondent Sri. S.Nagaraj is invoking the writ jurisdiction of this Court for assailing the order dated 27.03.2017, a copy whereof is at Annexure-A, whereby the learned Civil Judge, Chintamani having rejected the application in I.A.No.10 denied leave to dispose off a part of the suit property.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to interfere in the matter inasmuch as the petitioner can maintain an appropriate under Section 52 of the Transfer of the Properties Act, 1882 seeking leave of the court to transfer the suit property or any part thereof since the parameters of such an application being much different from those in an application under Section 151 of CPC, which is now negatived.
In the above circumstances, the Writ Petition is disposed off without granting any indulgence. However, liberty is reserved to the petitioner to avail the benefit of the above observations in accordance with law, all contentions of the parties are kept open.
Sd/- JUDGE DS