Research › Search › Judgment

Karnataka High Court · body

2023 DIGILAW 955 (KAR)

Vinayak v. Gadigevva @ Neelavva

2023-08-03

SACHIN SHANKAR MAGADUM

body2023
ORDER : (Sachin Shankar Magadum, J.) The captioned writ petition is filed by defendant No.4-purchaser assailing the order of the Courts below, wherein plaintiffs application seeking amendment of plaint to include the left out properties as indicated by defendants is allowed and plaintiffs are permitted to include the other properties. The said order is challenged by a purchaser. 2. Heard learned counsel for the petitioner/defendant No.4 and respondents. 3. Admittedly, the suit is one for partition and separate possession. The defendants have taken a stand that the plaintiffs have not included all the properties and therefore, suit for partial partition is not maintainable. In the light of the defence set-up by defendants, plaintiffs by way of amendment have sought leave of the Court to include all the properties. 4. It is quite strange to know that petitioner who is purchaser of undivided interest who has no locus in a partition suit has ventured in challenging the order passed on amendment application. While drawing a preliminary decree, a stranger-purchaser has no say in the suit. Merely because, he is impleaded in the suit, will not give a right to him to dictate as to how the suit has to be proceeded with. His rights, if any, in an undivided interest has to be worked out in final decree proceedings. 5. Therefore, the writ petition is liable to be dismissed on two grounds. Firstly, the order under challenge is in accordance with law. Secondly, the petitioner being a stranger-purchaser could not have knocked the door of this Court. The judgment cited by the learned counsel for petitioner in the case of Sri H.K.Manjunath Vs Sri Ramesh Kumar in W.P.No.21717/2021(GM-CPC), decided on 06.04.2022, is not applicable to the present case on hand. 6. Accordingly, the writ petition is dismissed.