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Legal Heirs Application in Partition Suit

The document pertains to a civil case (O.S.No. 428/2014) where the plaintiff, Sri. Purushottama, seeks to include the legal heirs of the deceased Defendant No. 10, Chikkamuniyappa @ Mariyappa, in the suit for partition and separate possession. The plaintiff asserts that the legal heirs are necessary parties as the right to sue survives after the defendant's death, and he has filed applications to condone delays and set aside abetments in the case. The applications are supported by affidavits affirming the plaintiff's claims and the ongoing legal proceedings related to the case.
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0% found this document useful (0 votes)
310 views6 pages

Legal Heirs Application in Partition Suit

The document pertains to a civil case (O.S.No. 428/2014) where the plaintiff, Sri. Purushottama, seeks to include the legal heirs of the deceased Defendant No. 10, Chikkamuniyappa @ Mariyappa, in the suit for partition and separate possession. The plaintiff asserts that the legal heirs are necessary parties as the right to sue survives after the defendant's death, and he has filed applications to condone delays and set aside abetments in the case. The applications are supported by affidavits affirming the plaintiff's claims and the ongoing legal proceedings related to the case.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF 3rd ADDL SENIOR CIVIL JUDGE & J M F C

AT DEVANAHALLI
O.S.No. 428/2014
BETWEEN
Sri. purushottama plaintiff

And
Smt. Chinamma and others Defendants
APPLICATION UNDER SECTION 22 RULE 4 READ WITH SECTIOIN 151
OF THE CODE OF CIVIL PROCEDURE :-
That for the reasons sworn to in the accompanying affidavit the
plaintiff prays that this hon,ble court may be pleased to permit the
plaintiff to bring the legal heirs of the deceased Defendant No.10 On
record whose details are given below, in the interest of justice and
equity.
LRs. Of the Deceased Defendant No.10.
10. (a). Smt.M.Nirmala
W/o K.Chandrashekar
D/o. Chikkamuniyappa @ Mariyappa
Aged about 62 years
R/at- D Karichandra Gowda Block
GKM College road, Jaraganahalli,
J.P nagar, 6th phase,
Maheshwar Nilaya, Gundamma Layout,
Bangalore-560078

10. (b). Smt. M.Vijayamma


D/o. Chikkamuniyappa @ Mariyappa
Aged about 47 years
R/at-Ward No.23, Akkupete,
Devanahalli Town,
Bangalore Rural district.

10.(c) Smt. Bhagyamma


D/o. Chikkamuniyappa @ Mariyappa
Aged about 44 years
R/at- Ward No.27, Rayaradoddi,
Aralimara, Ramanagara Town,
Ramanagara District.

10. (d) Sri. Manju


S/o. Chikkamuniyappa @ Mariyappa
Aged about 40 years
R/at-Ward No.23, Akkupete,
Devanahalli Town,
Bangalore Rural district.

Place Devanahalli
Date-14-08-2024 Advocate for plaintiff
IN THE COURT OF 3rd ADDL SENIOR CIVIL JUDGE & J M F C
AT DEVANAHALLI
O.S.No. 428/2014
BETWEEN
Sri. purushottama plaintiff

And
Smt. Chinamma and others Defendants
AFFIDAVIT
I, Purushottama, S/o. Narayanaswamy, Aged about 24 years
residing at Ward No.23, Akkupete, Devanahalli town ,Bangalore rural
district , do hereby solemnly affirm and state as oath as follows.
I state that I am the plaintiff in the above case and I am well
conversant with the facts of the case.
2. I state that I have filed the present suit for the relief of
partition and separate possession against the defendants. The
defendant no. 10 i.e Chikkamuniyappa @ Mariyappa was died
leaving behind the proposed defendants as his legal heirs. That the
legal heirs of the deceased 10th defendant are necessary and proper
parties, as such the right to sue the proposed legal heirs will survives.
Hence this application.
3. I submit that , In this case the defendant No.10, he has got
impleaded in this suit and illegally claiming over our property as
stating that he is also one of the family member, as such I have
challenged the same application which was allowed by this Hon,ble
court before Hon,ble High court of Karnataka by filing a Writ petition,
the said Writ Petition is still pending for consideration. As such, I am
filing this application to bring the Lrs of deceased defendant No.10 on
record as subject to Writ petition Pending. Hence this application.

Therefore, I pray that this hon,ble court may be pleased to


allow my application as prayed in the interest of justice and equity.

What is stated above is true and correct to the best of my knowledge


belief and information.
Identified by me

Advocate Deponent
Devanahalli
Date-14-08-2024

IN THE COURT OF 3rd ADDL SENIOR CIVIL JUDGE & J M F C


AT DEVANAHALLI
O.S.No. 428/2014
BETWEEN
Sri. purushottama plaintiff

And
Smt. Chinamma and others Defendants

APPLICATION UNDER SECTION 22 RULE 9 READ WITH SECTIOIN 151


OF THE CODE OF CIVIL PROCEDURE :-
That for the reasons sworn to in the accompanying affidavit the
plaintiff prays that this hon,ble court may be pleased to set aside the
abetment caused in the above case , in the interest of justice and
equity.

Place Devanahalli
Date:-14-08-2024 Advocate for plaintiff

IN THE COURT OF 3rd ADDL SENIOR CIVIL JUDGE & J M F C


AT DEVANAHALLI
O.S.No. 428/2014
BETWEEN
Sri. purushottama plaintiff

And
Smt. Chinamma and others Defendants
AFFIDAVIT
I, Purushottama, S/o. Narayanaswamy, Aged about 24 years
residing at Ward No.23, Akkupete, Devanahalli town ,Bangalore rural
district , do hereby solemnly affirm and state as oath as follows.
I state that I am the plaintiff in the above case and I am well
conversant with the facts of the case.
2. I state that I have filed the present suit for the relief of
partition and separate possession against the defendants. The
defendant no. 10 i.e Chikkamuniyappa @ Mariyappa was died
leaving behind the proposed defendants as his legal heirs. That the
legal heirs of the deceased 10th defendant are necessary and proper
parties, as such the right to sue the proposed legal heirs will survives.
Hence this application.
3. I submit that , In this case the defendant No.10, he has got
impleaded in this suit and illegally claiming over our property as
stating that he is also one of the family member, as such I have
challenged the same application which was allowed by this Hon,ble
court before Hon,ble High court of Karnataka by filing a Writ petition,
the said Writ Petition is still pending for consideration. As such, I am
filing this application to bring the Lrs of deceased defendant No.10 on
record as subject to Writ petition Pending. Hence this application.
Therefore, I pray that this hon,ble court may be pleased to
allow my application as prayed in the interest of justice and equity.

What is stated above is true and correct to the best of my knowledge


belief and information.
Identified by me

Advocate Deponent
Devanahalli
Date-14-08-2024
IN THE COURT OF 3rd ADDL SENIOR CIVIL JUDGE & J M F C
AT DEVANAHALLI

O.S.No. 428/2014
BETWEEN
Sri. purushottama plaintiff

And

Smt. Chinamma and others Defendants


APPLICATION UNDER SECTION 5 OF THE LIMITAION ACT 1963
That for the reasons sworn to in the accompanying affidavit the
plaintiff herein most respectfully prays that this hon,ble court may be
pleased to permit the plaintiff to Condone the delay in filling the
application to bring on record as legal heirs of the deceased
Defendant No.10 On record whose details are given below, in the
interest of justice and equity.

Place Devanahalli
Date:-14-08-2024 Advocate for plaintiff

IN THE COURT OF 3rd ADDL SENIOR CIVIL JUDGE & J M F C


AT DEVANAHALLI
O.S.No. 428/2014
BETWEEN
Sri. purushottama plaintiff

And
Smt. Chinamma and others Defendants
AFFIDAVIT
I, Purushottama, S/o. Narayanaswamy, Aged about 24 years
residing at Ward No.23, Akkupete, Devanahalli town ,Bangalore rural
district , do hereby solemnly affirm and state as oath as follows.
I state that I am the plaintiff in the above case and I am well
conversant with the facts of the case.
2. I state that I have filed the present suit for the relief of
partition and separate possession against the defendants. The
defendant no. 10 i.e Chikkamuniyappa @ Mariyappa was died
leaving behind the proposed defendants as his legal heirs. That the
legal heirs of the deceased 10th defendant are necessary and proper
parties, as such the right to sue the proposed legal heirs will survives.
Hence this application.
3. I submit that , In this case the defendant No.10, he has got
impleaded in this suit and illegally claiming over our property as
stating that he is also one of the family member, as such I have
challenged the same application which was allowed by this Hon,ble
court before Hon,ble High court of Karnataka by filing a Writ petition,
the said Writ Petition is still pending for consideration. As such, I am
filing this application to bring the Lrs of deceased defendant No.10 on
record as subject to Writ petition Pending. Hence this application.

Therefore, I pray that this hon,ble court may be pleased to


allow my application as prayed in the interest of justice and equity.

What is stated above is true and correct to the best of my knowledge


belief and information.
Identified by me

Advocate Deponent
Devanahalli
Date-14-08-2024

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