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Judgment
This writ petition is filed under Articles 226 and 227 of the Constitution of India, by the impleading applicant in FDP No.42/2022, pending on the file of the Senior Civil Judge and JMFC, Nelamangala (for short, ‘the FDP Court’), which is filed by mother of the petitioner herein, whereby, the application filed by the petitioner, for impleading, in the final decree proceedings, has been dismissed.
The respondent No.1 has filed a suit for partition and separate possession against her brothers and sisters. The suit came to be decreed. The respondent No.1 has filed F.D.P.No.42/2022 before the FDP Court. In the final decree proceedings, the petitioner has filed an application for impleading, on the ground that, he has right in the property. The FDP Court has rightly rejected the said application, giving the following reasons. The relevant paragraph is extracted below:
“10.Further the applicant claiming to be the son of the petitioner has filed this IA No.II under Order 1 Rule 10(2) of CPC to permit him to come on record as respondent and it is the contention of the impleading applicant that the suit schedule properties are his ancestral properties which is acquired by his grandfather and the same is not denied by the petitioner, either she has denied her relationship with the applicant and also regarding the suit schedule properties, but it is pertinent to note that in order to claim property as ancestral it should be acquired by the male upto three generation continuously and to the case on hand the applicant is claiming his right through his mother and though his mother has inherited the suit schedule properties from her father, but the same does not partake character of ancestral properties in the hand of the applicant. Until his mother is alive, he cannot claim any share and for that reason the applicant is not a necessary party.”
There is no error or illegality in the order passed by the FDP Court. Accordingly, the writ petition is dismissed.