Suhas Pandurang Chandgadkar vs Vandana

A.V. Chandrashekara, J.—Heard the learned Counsel for the appellants in regard to admission. Perused the records. Appellants are defendants 8 and 9 in an original suit bearing O.S. No. 1083 of 1989, which was pending on the file of the IV Additional Civil Judge (Junior Division), Belgaum. Suit had been filed against them and others by respondent 1-plaintiff Smt. Vandana for the relief of partition and separate possession and declaration that partition and separate possession. The properties involved in the suit are described in the Schedule-A appended to the plaint. Item 1 is the business in hardware stores run in the name and style as "Maharashtra Hardware Stores" situated at H. No. 966, Kalmath Road (Fort Road), Belgaum. Item 2-Double storied RCC building situated in RS No. 899 bearing Municipal H. No. 244/180A, Fulbag Galli, Belgaum measuring 221.57 Sq. meters. Item 3(i)-Building and open space in RS No. 722/2/7/5 Angol (CTS No. 469) measuring 9 guntas. Item 3(ii)-Out of the above property the part of open space measuring 4 guntas 15 Annas 2 paisa which is allegedly sold the defendants 8 and 9 by defendants 1 to 4.

Defendants 8 and 9 who are appellants before this Court had contested the suit on the ground that they are bona fide purchasers for value without notice from the male members of the joint family consisting of plaintiff and defendants 1 to 5. It is the case of the appellants that, after purchasing 4 guntas 15 annas 2 paisa out of 9 guntas of land in Angol in the year 1987 through a registered sale deed, they have already put up RCC Building and they are residing there. Hence, it is argued that, if this property is ordered to be partitioned by metes and bounds, lot of inconvenience and hardship would be caused to defendants 8 and 9.

It is to be seen that item 3(ii) measuring 4 guntas 15 annas 2 paisa, on which, defendants 8 and 9 have put up RCC building is a part and parcel of item 3(i), Schedule ''A'' property. There are other immovable properties inclusive of business run in H. No. 966 of Kalmath Road and RCC building put up in RS No. 899 measuring 221.57 sq. meters and the remaining property CTS No. 469. Nothing comes in the way of the defendants 8 and 9, i.e., appellants herein to make a request to the final decree Court to allot the property purchased by them to the share of their vendors and thus equities would be worked out. In such an event, the final decree Court would definitely consider the same and take appropriate decision comprehensively. Nothing comes in the way of defendants 8 and 9 who are appellants herein to get suitable protection of the property purchased by them, more particularly, in the light of having spent huge amount to put up RCC Bungalow used as their residence. With these observations, appeal is disposed of as unfit for admission. There is no order as to costs.