The High Court dismissed the writ petition filed under Article 226 seeking to quash an order refusing to implead the petitioner as an additional defendant in a civil suit and to allow the impleadment.
Order dated 31.7.2015 refusing impleadment is not quashed; impleadment application is not allowed.
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 AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.3020 OF 2017 (GM-CPC)
BETWEEN:
SRI.. MUNIKRISHNAPPA, S/O. LATE BAGALUR NARAYANAPPA, AGED ABOUT 70 YEARS, RESIDING AT R. REDDIVARAPALLI VILLAGE, RAYALAPADU HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT – 563 135.
…PETITIONER
(BY SRI. ABHISHEK N.N., ADVOCATE)
AND:
SMT. GOWRAMMA, SINCE DEAD BY HER LRS.,
1 . SRI. BAYYANNA, HUSBAND OF GOWRAMMA, AGED ABOUT 72 YEARS,
2 . SMT. MANJULA .B, D/O. LATE GOWRAMMA, AGED ABOUT 40 YEARS,
3 . SMT. T.B. PADMA, D/O. LATE GOWRAMMA, AGED ABOUT 38 YEARS,
4 . SMT. SATHYA PREMA, D/O. LATE GOWRAMMA, AGED ABOUT 24 YEARS,
ALL ARE RESIDING AT YELAHANKA OLD TOWN, BANGALORE NORTH TALUK – 560 064.
2
5 . SRI. B.M. VENKATARAYAPPA, S/O. LATE MUNISHAMAPPA @ PURISHOYAPPA, AGED ABOUT 78 YEARS, RESIDING AT BAGALUR VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 560 064. 6 . SMT. MUNINARASAMMA (AMMAIAH), W/O. VENKATAPATHI, AGED ABOUT 44 YEARS, D/O. BYANNA @ MARIYAPPA, C/O. RAMASUBBAIAH COMPLEX, MUNICIPAL OFFICE ROAD, YELAHANKA NEW TOWN, BANGALORE NORTH TALUK – 560 064. 7 . SMT. MANJULA, W/O. ARARU NAGARAJ, AGED ABOUT 42 YEARS, D/O. BYANNA @ MARIYAPPA, ARARU, CHIKKABALLAPURA HOBLI & TALUK – 562 101. 8 . SMT. RADHAMMA, W/O. NAGARAJ, S/O. CHIKKAMARAPPA, AGED ABOUT 40 YEARS, D/O. BYANNA @ MARIYAPPA, KANDAVARA CHIKKABALLAPURA TALUK & DISTRICT – 560 064. 9 . SMT. PUTTALAKSHMI, W/O. RAMACHANDRA, AGED ABOUT 38 YEARS, PUSKARANI ROAD, YELAHANKA OLD TOWN, BANGALORE NORTH TALUK – 560 064. 10 . SMT. HEMAVATHI, W/O. NAGARAJ, D/O. BYANNA @ MARIYAPPA, AGED ABOUT 36 YEARS, GOLLACHINKAPALLI, DIBBUR POST, CHIKKABALLAPUR TALUK & DISTRICT – 561 203. …RESPONDENTS (R2, R5, R7, R8 & R10 ARE SERVED & UNREPRESENTED)
…RESPONDENTS
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 31.7.2015 PASSED ON APPLICATION NO.12 FILED BY THE PETITIONER UNDER ORDER 1 RULE 10[2] OF THE CODE OF CIVIL PROCEDURE SEEKING IMPLEADING HIM AS ADDITIONAL DEFENDANT IN O.S.NO.730/2016 BY THE HON'BLE COURT OF SENIOR CIVIL JUDGE AT DEVANAHALLI AS PER THE ANENXUREF AND ALLOW THE SAME.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Writ Petition stands dismissed by virtue of peremptory
order dated 06.01.2021.
Sd/JUDGE
DS
2 issues framed by the court
Whether to quash the lower court order refusing impleadment under Order 1 Rule 10(2) CPC.
Whether to allow the petitioner to be impleaded as an additional defendant in a civil suit.
2 provisions across 2 enactments
Sri. Munikrishnappa
Smt. Gowramma (LRS.)
Sri. Bayyanna
Smt. Manjula .B
Smt. T.B. Padma
Smt. Sathya Prema
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
