IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.54540 OF 2017 (GM-CPC) BETWEEN:
SRI. VENJUGOPAL RAO KURETI, S/O LATE SRI. NARASIMHA RAO KURETI, AGED ABOUT 44 YEARS, RESIDING AT NO.1054, 14TH MAIN 6TH CROSS, BTM IST STAGE BENGALURU-560 068.
(BY SRI. MAHESH B.J., ADVOCATE) ... PETITIONER AND:
SRI. SRINIVASA RAO KURETI, S/O LATE SRI NARASIMHA RAO KURETI, AGED ABOUT 52 YEARS, MANAGING PARTNER OF TESTING MACHINES AND CONTROLS A PARTNERSHIP FIRM HAVING ITS ADMINISTRATIVE OFFICE AT NO.1594, EAST END ROAD 9TH BLOCK, JAYANAGAR BANGALORE-69.
SINCE DEAD BY HIS LRS a) SMT. K.VIJAYADURGA W/O SRI SRINIVASA RAO KURETI AGED ABOUT 46 YEARS b) MISS. KURETI MADHURI, D/O. LATE SRI SRINIVASA RAO KURETI AGED ABOUT 24 YEARS c) MASTER KURETI VENKAT NISHIT, S/O. LATE SRINIVAS RAO KURETI, AGED ABOUT 18 YEARS, 2 . TMC SOLUTIONS, FIRM REPRESENTED BY MANAGER, SMT K.VIJAYADURGA, W/O SRI SRINIVASA RAO KURETI, PLOT NO.181/B, BOMMASANDRA INDUSTRIAL AREA, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU-28.
3 . SMT. VIJAYADURGA, W/O. SRI. SRINIVASA RAO KURETI, AGED ABOUT 44 YEARS, R/A PLOT NO.181/B, BOMMASANDRA INDUSTRIAL AREA, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU-28 ... RESPONDENTS (BY SRI. RAMESH KUMAR R.V. ADVOCATE FOR R-1(a) TO (c); R-2 & R-3 ARE SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD:27.10.2017 PASED BY THE XIV ADDL AND SESSIONS CITY CIVIL AND SESSION JUDGE (CCH-6) BANGALORE IN O.S.NO.6998/2010, DISMISSING THE I.A.NO.17 FILED UNDER ORDER VI RULE 17 CPC VIDE ANNEXURE-A CONSEQUENTLY, ALLOW I.A.NO.17 FILED BY THE PETITIONER/PLAINTIFF; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a suit for partition of partnership property in O.S.No.6998/2010 (old No.371/2007) is knocking at the doors of Writ Court for assailing the order dated 27.10.2017, a copy whereof is at Annexure A, whereby the learned XXIV Additional City Civil Judge, Bengaluru, having rejected his application filed under Order VI Rule 17of CPC, 1908, has refused to grant leave to amend the plaint for incorporating a prayer about the alleged alienation of a portion of the property vide registered Sale Deed dated 20.08.2007 in violation of the injunctive order dated 03.08.2007.
2. After service of notice, the respondent Nos. 1(a) to 1(c) having entered appearance through their counsel resist the writ petition.
3. Learned counsel for both parties having argued the matter for some time, are broadly in agreement with the suggestion of this Court that regardless of the impugned order, the subject alienation of the property shall suffer lis pendense u/s 52 of Transfer of Property Act, 1882 and therefore, the alienee shall be bound by the decree now in the making, he being not a party eo-nomine, notwithstanding.
Writ Petition is disposed off accordingly.
All other contentions of the parties are kept open. No costs.
Sd/- JUDGE DS