Dismissed
Parvathamma v. the Chief Secretry, Government of Karnataka
Karnataka HCWP/10875/2021
Case brief
from the order text
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COURT OF KARNATAKA AT BENGALURU DATED THIS…
What the court decided
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COURT OF KARNATAKA AT BENGALURU DATED THIS…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.10875/2021 (GM CPC)
BETWEEN :
PARVATHAMMA W/O. NAGARAJU, AGED ABOUT 69 YEARS R/AT BITRAVATHANAHALLI GATE, AREGUJJANAHALLI POST, URDIGERE HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT- 572101.
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
... PETITIONER
(BY SRI. S.RAJENDRA, ADVOCATE FOR SRI. S.V.PRAKASH, ADVOCATE)
AND :
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RESPONDENTS 6 TO 8 ARE R/O. BITRAVATHANAHALLI GATE, AREGUJJANAHALLI POST, URDIGERE HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT 572101
... RESPONDENTS
(BY SMT JYOTHI BHAT, HCGP FOR R1 TO R5; SRI. K.VIJAYAKUMAR, ADVOCATE FOR C/R6 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 20.01.2020 PASSED BY THE COURT OF LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU ON THE APPLICATION MADE UNDER ORDER I RULES 10(2) OF CODE OF CIVIL PROCEDURE, 1908 IN O.S.NO.68/2019 AND THEREBY IMPLEADING THE APPLICANTS IN INTERLOCUTORY APPLICATION AS ADDITIONAL DEFENDANTS IN THE SUIT PRODUCED AS PER ANNEXURE-J TO THE WRIT PETITION AND ETC.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner, who is the plaintiff in O.S.No.68/2019 has filed this petition impugning the order dated 20.01.2020 passed by the III Additional Civil Judge and JMFC, Tumakuru (for short, 'the civil Court '). The civil Court by the impugned order dated 20.01.2020 has allowed the application filed by the sixth to eighth respondents and has permitted these respondents to come on record as the contesting defendants.
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the order dated 11.11.2019 has directed the State/the Taluk Panchayat not to interfere with the petitioner’s possession of the subject lands, and on 20.12.2019, on an application filed by the petitioner, the civil Court has directed the jurisdictional Police to protect the petitioner interest of in terms of the order dated 11.11.2019.
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SD/JUDGE
RB
2 issues framed by the court
Whether the Civil Court committed an irregularity in allowing contesting respondents to be impleaded as additional defendants in a suit for permanent injunction.
Whether the principled approach of avoiding multiplicity of proceedings justifies the impleadment of additional parties despite the petitioner's contention regarding right in personam.
PARVATHAMMA W/O. NAGARAJU
THE CHIEF SECRETRY, GOVERNMENT OF KARNATAKA
N. VENKATESHA S/O. LATE. N NANJUNDAPPA
HEMAVATHI V W/O. N VENKATESHA
VEERABHADRAIAH S/O. LATE GANGADHARAIAH
B. M. SHYAM PRASAD
As recorded by the court registry
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