This writ petition challenges an order rejecting an application to implead as legal representatives of a deceased person in a motor vehicle accident case. The court held that no error was committed by the trial court due to lack of evidence.
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.
NC: 2023:KHC-D:14116 WP No. 101249 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF DECEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 101249 OF 2023 (GM-AC)
BETWEEN:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
PETITIONER NO. 3 TO 5 ARE MINORS REPRESENTED BY THEIR NATURAL GUARDIAN 1ST PETITIONER (MOTHER)
ALL ARE R/O: HOUSE NO. 49, WARD NO. 03, NEAR CHURCH, TORANGAL, BALLARI DISTRICT-583101
…PETITIONERS
(BY SMT. RANJITA ALAGAWADI, ADV. FOR SRI K. LAKSHMIKANT REDDY & SMT. SOUBHAGYA S.V., ADVOCATES)
AND
THE RESPONDENT NO 2 AND 3 ARE SINCE MINORS, REPRESENTED BY THEIR MOTHER AND NATURALGUARDIAN
SMT. MANJULA ALIAS MANJULAMMA, W/O. LATE GAHILINGAPPA
ALL ARE R/O: 2ND WARD, NEAR HAMPANNA TATA TEMPLE, NEAR HAMPANAGARA, KARUR VILLAGE, SIRUGUPPA TALUK, PRESENTLY R/O: NEAR 2ND KSRTC DEPOT, SIRUGUPPA ROAD, BALLARI-583101.
AGED ABOUT 30 YEARS,
DRIVER OF TOYOTA ETIOS CAR BEARING NO. KA-50/6685, R/O: HALE CHAPPARADAHALLI, SANDUR TALUK, BALLARI DISTRICT.
S/O. SUMERAL JAIN , AGED ABOUT 42 YEARS, OWNER OF TOYOTA ETIOS CAR BEARING NO. KA-50/6685, R/O HOUSE NO. 17/A, 13TH WARD, RAGHAVENDRA TEMPLE ROAD, SANDUR, BALLARI DISTRICT.
..RESPONDENTS
(BY SRI MANJUNATH G. PATIL, ADVOCATE FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE CERTIORARI QUASHING THE ORDER DATED 8.12.2022 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AT BALLARI ON IA NO II IN MVC 142/2021 COPY AS PER ANNEXURE-G.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the order dated 08.12.2022, passed on I.A.II in MVC No.142/2021 by the Additional Senior Civil Judge at Ballari (‘MACT’, for short), the present writ petition is filed by the applicants therein.
Nagappa has examined himself and has submitted that Gadhilingappa is his son and that he was never converted
to Islam and he never changed his name as Mohammed
Ghouse and that petitioners are not related to him.
hereby dismissed.
Sd/JUDGE
gab/ct-mck List No.: 1 Sl No.: 53
2 issues framed by the court
Whether the additional court committed any error in rejecting the petitioners' application to implead as legal representatives of the deceased.
Whether the petitioners have produced sufficient evidence to disprove the claim of the named legal representatives.
Smt. Hussain Bee
Shameena
Fajulun
Najeea
Giri Abhatti
Phijuna
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
