Disposed

Smt. Lila Aliyas Lilavathi W/O Ashok Bevinmar v. Smt. Yellakka Alias Yallakka W/O Yellappa Kalal

Karnataka HC16 Jan 2023WP/100303/2023

Case brief

AI extract

What is this about?

Court disposed of writ petition without interfering with trial court order rejecting amendment of written statement. Directed suit to be transferred from Iternary Court to regular Court at Yellapur for expeditious disposal. Reserved liberty for petitioners to plead misjoinder.

What did the court decide?

Suit withdrawn from Iternary Court at Mundagod and transferred to Court of Sr. Civil Judge, Yellapur.

Smt. Lila Aliyas Lilavathi W/O Ashok Bevinmar Vs Smt. Yellakka… — Partition | Karnataka HC (2023)

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WP No. 100303 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100303/2023 (GM-CPC)

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BETWEEN:

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SMT. LILA @ LILAVATHI W/O ASHOK BEVINMAR, AGE: 56 YEARS, OCC.: HOUSEHOLD, R/O VIDYANANGAR WEST BADAVANE, 8^TH CROSS, HAVERI, DIST.: HAVERI 581110.

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SHRI IRESHI S/O ASHOK BEVINMAR, AGE : 26 YEARS, OCC.: HOUSEHOLD, R/O VIDYANAGAR WEST BADAVANE, 8^TH CROSS, HAVERI, DIST HAVERI 581110.

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SHRI MURAGESHI S/O ASHOK BEVINMAR, AGE : 21 YEARS, OCC.: HOUSEHOLD, R/O VIDYANANGAR WEST BADAVANE, 8^TH CROSS, HAVERI, DIST HAVERI 581110.

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PETITIONERS

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(BY SRI. JAGADISH PATIL, ADVOCATE)

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AND:

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.01.2010:19:49 +0530

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SMT. YELLAKKA @ YALLAKKA W/O YELLAPPA KALAL, AGE 36 YEARS, OCC.: HOUSEHOLD, R/O HUBLI ROAD, MUNDGOD TOWN, TQ: MUNDAGOD, DIST UTTAR KANNADA, PIN 581349.

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RESPONDENT

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(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT, DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY THE LEARNED COURT OF SENIOR CIVIL JUDGE, YELLAPUR, SITTING AT MUNDGOD IN O.S.NO.01/2007 BY DISMISSIONG THE I.A.NO.XL VIII DATED 02.01/2023 VIDE ANNEXURE-E & ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 100303 of 2023

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ORDER

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This writ petition is directed against the impugned order on I.A. No. XLVIII dated 02.01.2023 passed in O.S. No. 1/2007 by the learned Senior Civil Judge, Yellapur, sitting at Mundgod whereby the said application filed by the petitioner-defendants No.16(a) to (c) seeking impleadment of additional defendants, was rejected.

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The material on record discloses that the respondent/ plaintiff instituted the aforesaid suit for partition and separate possession of her alleged share in the suit schedule property and for other reliefs. In the said suit, the petitioner herein was arrayed as defendant No.16 and upon his demise during the pendency of the suit the petitioners herein were brought on record as his legal representatives as defendants no.16(a) to (c). At the stage of arguments, the petitioners moved the instant application seeking amendment of the written statement by taking up a contention that certain purchasers in relation to the suit schedule property were both proper and necessary parties to the suit and that necessary amendment in this regard is to be incorporated in the written statement of the petitioners. The said application having opposed by the respondent/ plaintiff, the trial Court proceeded to reject the

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WP No. 100303 of 2023

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application on the ground that the petitioners do not have locus standi, aggrieved by which the petitioners are before this Court by way of the present writ petition.

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A perusal of the material on record including the impugned order will indicate that the matter was set down for final arguments at which stage the present application was filed. Further vide order dated 10.01.2023 in W.P. No. 100152/2023, this Court had directed expeditious disposal of the suit. Under these circumstances, though the trial Court has assigned certain reasons to reject the application, without going into the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this writ petition without interfering with the impugned order, but however permitting the petitioners to raise the plea with regard to non joinder or misjoinder of parties as urged by them in the application.

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It is brought to the notice of this Court that the suit is presently pending before the Iternary Court at Mundagod and the regular Court is at Yellapur. It is also seen that the sitting in the Iternary Court is only once in a week and this has resulted in delay of disposal of the suit. Under the circumstances, I deem it just and appropriate to exercise my powers under Article 227 of the

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WP No. 100303 of 2023

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Constitution of India r/w Sec. 24 CPC and direct the aforesaid suit to be withdrawn from the Iternary Court at Mundagod and to be posted at regular Court at Yellapur so as to enable expeditious disposal of the suit as directed in W.P. No. 100152/2023. In the result, I pass the following order.

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ORDER

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1. Petition is disposed of without interfering with the impugned order;

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1. Petitioners are however reserved liberty to urge the question with regard to misjoinder/ non-joinder of parties as urged by them in the application in the suit before the trial Court;

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1. It is needless to state that the respondent-plaintiff would be entitled to contest the said contention in the suit;

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1. All rival contentions including the question with regard to misjoinder/ non-joinder of necessary and proper parties, are kept open.

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WP No. 100303 of 2023

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1. The suit in O.S. No. 1/2007 is directed to be withdrawn

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from the Iternary Court at Mundagod and transferred and posted to the Court of Sr. Civil Judge, Yellapur for disposal in terms of the directions issued by this Court in W.P. No. 100152/2023 dated 10.01.2023.

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SD JUDGE

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BVV List No.: 1 Sl No.: 17

Smt. Lila Aliyas Lilavathi W/O Ashok Bevinmar v. Smt. Yellakka Alias Yallakka W/O Yellappa Kalal

Case brief

What is this about?

What did the court decide?

Smt. Lila Aliyas Lilavathi W/O Ashok Bevinmar v. Smt. Yellakka Alias Yallakka W/O Yellappa Kalal

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What is this about?

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What the court decided

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