On preliminary hearing, the High Court of Karnataka dismissed a writ petition seeking quashing of an order that corrected a typographical error in party denoting in a succession certificate execution proceeding, finding no infirmity warranting interference.
Writ petition dismissed at the admission stage with no interim relief granted.
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.
WP No. 201388 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 201388 OF 2023 (GM-CPC)
BETWEEN:
SMT.SUVARNA W/O RAMANNA, D/O MAHADEVAPPA, AGE : 52 YEARS, OCC : HOUSEHOLD, R/O H.NO.3-7-56, LOHARGALLI, SEDAM – 585 222.
…PETITIONER
(BY SRI SUDHEER KULKARNI, ADVOCATE)
AND:
Digitally signed by SACHIN Location: High Court Of Karnataka
WP No. 201388 of 2023
5. SATYANARAYAN S/O SRIHARI, AGE : 37 YEARS, OCC : BUSINESS, R/O : MANVI, TQ AND DIST : RAICHUR – 584101.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER ANNEXURE-F DATED 31.03.2023 PASSED IN MISC.NO.1/2020 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SEDAM IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
"To issue a writ of certiorari quashing the impugned order Annexure-F dated 31.03.2023 passed in Misc.No.1/2020 on the file of Senior Civil Judge and JMFC, Sedam in the interest of justice and equity."
petitioner seeking for issuance of a succession certificate by arraying none as the respondents and the same came to be allowed by order dated 08.08.2017 and succession certificate came to be issued in favour of the petitioner.
Rule 17 of Code of Civil Procedure came to be filed contending that the denoting of the petitioner in P & SC No.1/2016 as petitioner in Misc.No.1/2019 was a typographical error inasmuch as in Misc.No.1/2019 the denoting has been done as respondent and since there was a copy, paste of the cause title, the error has
WP No. 201388 of 2023
occurred. Taking into consideration the said application came to be allowed.
Sd/JUDGE
SN
List No.: 1 Sl No.: 11
2 issues framed by the court
Whether an order rectifying a typographical error in denoting party status is subject to interim civil writ jurisdiction.
Whether the correctness of the lower court's order in Misc. No. 1/2020 justifies quashing via Article 226.
Smt. Suvarna W/o Ranna
Ramesh S/o Sangappa
Govind S/o Sangappa
Anand S/o Srihari
Jagadish S/o Srihari
Satyanarayana S/o Srihari
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
