Single judge of Karnataka High Court dismissed a writ petition seeking a writ of certiorari to quash an order impleading proposed defendants in a partition suit. The court held that no intervention was required as the trial court had considered the rights of parties with prior decrees under O.I.R. 10(2) CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION No.104053/2021 (GM-CPC)
Between:
Smt.Kamalavva w/o Dundappa Hanji, Age:44 years, Occ:Household work, R/o Mantur, Tq:Raibag, Dist:Belagavi-591 101. …Petitioner
(By Shri.Shivaraj S.Ballolli, Advocate)
And:
1. Shri. Mahadev S/o.Kallappa Paddi, Age: 72 years, Occ: Agriculture, R/o.Kankanwadi, Tq.: Raibag, Dt.: Belagavi - 591 101.
2. Smt. Ratnavva W/o.Mahadev Paddi, Age: 68 years, Occ.: Household Work, R/o.Kankanwadi, Tq.: Raibag, Dt.: Belagavi 591 101.
3. Shri.Pavadeppa S/o. Mahadev Paddi, Age: 50 years, Occ.: Household Work, R/o.Kankanwadi, Tq.: Raibag, Dt.: Belagavi - 591 101.
4. Smt.Kasturi W/o.Basappa Hanji, Age: 48 years, Occ.: Household Work, R/o. Mugalakhod, Tq.: Raibag, Dt.: Belagavi - 591 101.
5. Smt. Shobhavva W/o. Revappa Shegunashi, Age: 46 years, Occ.: Household Work,
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R/o.Mugalakhod, Tq.: Raibag, Dt.: Belagavi - 591 101.
6. Smt. Vimalavva W/o.Kumar Patil, Age: 46 years, Occ.: Household Work, R/o.Kurandawad, Tq.: Shirol, Dt.: Kolhapur.
7. Smt.Kallavva W/o.Mahadevi Ambi, Age: 40 years, Occ.: Household Work, R/o.Aski, Tq.: Jamkhandi, Dt.: Bagalkot - 591 101.
8. Smt. Surekha W/o.Somanath Gudashi, Age: 38 years, Occ.: Household Work, R/o.Kurani, Tq.: Hukkeri, Dist.: Belagavi - 591 101.
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R/o.Mugalakhod, Tq.: Raibag,
Dt.: Belagavi - 591 101.
This Writ Petition is filed under articles 226 & 227 of the Constitution of India, praying to issue a writ of certiorari quashing the impugned order dated 25.08.2021 passed by the learned Principal Civil Judge and JMFC, Raibag, on IA No.II in O.S.No.203/2021 vide Annexure-A and etc.,
This Writ Petition coming on for orders, this day, the Court made the following:
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ORDER
1. The petitioner is before this Court seeking for the following relief:
“ Issue a writ of Certiorari quashing the impugned order dated 25.08.2021 passed by the learned Principal Civil Judge and JMFC, Raibag, on IA No.II in O.S.No.203/2021 vide Annexure-A”
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[Sd/-] JUDGE
Jm/-
3 issues framed by the court
Whether the High Court should quash the order impleading proposed defendants who claim a prior decree in a partition suit.
Whether Order I Rule 10(2) of the CPC mandates intervention by the High Court when a trial court satisfies itself regarding the necessity of impleading parties with prior decrees.
Whether a Writ Petition seeking certiorari can be dismissed at the stage of admission.
3 provisions across 2 enactments
Smt. Kamalavva w/o Dundappa Hanji
Shri. Mahadev S/o. Kallappa Paddi (Reps No.1-19)
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
