Writ petition filed to quash an order rejecting impleading applications in a partition suit. The court found affidavit averments cryptic and illegal; no case to implead proposed defendants. Writ dismissed.
Writ petition dismissed as devoid of merits; impugned order maintaining its validity.
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:11882 WP No. 102044 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102044 OF 2016 (GM-CPC)
BETWEEN:
…PETITIONERS
(BY SRI M.C. HUKKERI, ADVOCATE)
AND:
MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR
…RESPONDENTS (BY SRI SHRIHARSHA A. NEELOPANT, ADVOCATE FOR R1) (PETITION AS AGAINST R2 STANDS ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER PASSED BY THE HON'BLE COURT PRINICIPAL CIVIL JUDGE AND J.M.F.C., GOKAK IN ORIGINAL SUIT NO.10/2014 DATED:23.11.2015 ORDER ON I.A.NO.4, VIDE ANNEXURE-F.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed by proposed defendant Nos.3 and 4 assailing the order of the learned Judge passed on an impleading applications filed in I.A.Nos.2 and 4. The learned Judge has rejected the impleading applications. The said order is under challenge.
Sd/JUDGE
MBS List No.: 1 Sl No.: 69
2 issues framed by the court
Whether the learned Judge was justified in rejecting impleading applications in a pending partition suit due to lack of specific averments in the affidavit.
Whether the High Court should issue a writ of certiorari to quash the order rejecting the impleading applications.
1 provisions across 1 enactments
SRI ILAHI S/O. MEHABUBSAB SOUDAGAR
SRI DASTGEERSAB S/O. MIYAASAB BAGAWAN
SRI MEERASAB S/O. MIYAASAB BAGAWAN
METTHUSAB S/O. MIYAASAB BAGAWAN
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
