Dismissed

Smt Tahirabi v. Smt Rachana Doshi

Karnataka HC11 Dec 2023WP/27465/2023

Case brief

AI extract

What is this about?

High Court at Bangalore dismissed a writ petition challenging an order accepting a written statement in an original suit. The court held there was no error, noting the defendants were validly impleaded and their written statement was taken on record, providing notice to the plaintiffs.

What did the court decide?

The writ petition stands rejected. The impugned order accepting the written statement is not quashed.

Smt Tahirabi Vs Smt Rachana Doshi — Civil Procedure and Limitation | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:44909 WP No. 27465 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 11^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 27465 OF 2023 (GM-CPC)

¶7

BETWEEN:

¶8

SMT. TAHIRABI, W/O LATE ABDUL MANAN SAB, AGED ABOUT 75 YEARS, R/A RAZAKSABPALYA, BAGHALUR DAKHALE, JALA HOBLI, BANGALORE NORTH TALUK.

¶9

SINCE DEAD REPRESENTED BY THE LEGAL REPRESENTATIVES

¶10

Digitally signed by SUCHITRA M J Location: HIGH COURT OF KARNATAKA

¶11

SMT. SALEEMBEE, D/O LATE ABDUL MANAN SAB, W/O LATE UBEDULLA,

¶12

AGED ABOUT 66 YEARS,

¶13

ABDUL BAARI,

¶14

S/O LATE ABDUL MANAN SAB, SINCE DECEASED BY LR’S

¶15

SMT. GULAB JAN, W/O LATE ABDUL BAARI, AGED ABOUT 68 YEARS,

¶16

SRI. ABDUL MUNAAF, S/O LATE ABDUL BAARI, AGED ABOUT 44 YEARS,

¶17

2 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶18

SRI. ABDUL AZIM, S/O LATE ABDUL BAARI, AGED ABOUT 42 YEARS,

¶19

SMT. SAYEDA, D/O LATE ABDUL BAARI, AGED ABOUT 40 YEARS,

¶20

SRI. FAKHRUDDIN, S/O LATE ABDUL BAARI, AGED ABOUT 39 YEARS,

¶21

SMT. FAREEDA, D/O LATE ABDUL BAARI, AGED ABOUT 37 YEARS,

¶22

SMT. ABIDA, D/O LATE ABDUL BAARI, AGED ABOUT 36 YEARS,

¶23

SRI. HUSSAIN, S/O LATE ABDUL BAARI, AGED ABOUT 34 YEARS,

¶24

SMT. HABEEBA, D/O LATE ABDUL BAARI, AGED ABOUT 32 YEARS,

¶25

SMT. NASEEBA, D/O LATE ABDUL BAARI, AGED ABOUT 30 YEARS,

¶26

SMT. BAL KEES UNNISA, D/O LATE ABDUL MANAN SAB, SINCE DECEASED BY LR’S

¶27

3 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶28

SMT. RAHAMATH JAN, D/O BAL KEES UNNISA, AGED ABOUT 43 YEARS,

¶29

SRI. SYED HYDAR ALI, D/O BAL KEES UNNISA, AGED ABOUT 42 YEARS,

¶30

SMT. MAQBUL JAN, D/O BAL KEES UNNISA, AGED ABOUT 41 YEARS,

¶31

SMT. AKHILA TAJ, D/O BAL KEES UNNISA, AGED ABOUT 39 YEARS,

¶32

SMT. MUBEENA, D/O BAL KEES UNNISA, AGED ABOUT 37 YEARS,

¶33

SMT. SAMEENA TAJ, D/O BAL KEES UNNISA, AGED ABOUT 36 YEARS,

¶34

SRI. SYED DASTAGEER, S/O BAL KEES UNNISA, AGED ABOUT 35 YEARS,

¶35

SRI. NAVAZ PASHA, S/O BAL KEES UNNISA, AGED ABOUT 34 YEARS,

¶36

SMT. ASMA, D/O BAL KEES UNNISA, AGED ABOUT 33 YEARS,

¶37

4 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶38

SRI. NIJAMUDDEEN, S/O BAL KEES UNNISA, AGED ABOUT 30 YEARS,

¶39

SRI. NADEEM PASHA, S/O BAL KEES UNNISA, AGED ABOUT 28 YEARS,

¶40

MOHAMMED GHOUSE, S/O LATE ABDUL MANAN SAB, SINCE DECEASED BY LRS

¶41

SMT. JABEENA, D/O LATE MOHAMMED GHOUSE, AGED ABOUT 35 YEARS,

¶42

SRI. MOHAMMED DASTAGIR, S/O LATE MOHAMMED GHOUSE, AGED ABOUT 34 YEARS,

¶43

SMT. ZAREENA, D/O LATE MOHAMMED GHOUSE, AGED ABOUT 33 YEARS,

¶44

SMT. NASEEMA, D/O LATE MOHAMMED GHOUSE, AGED ABOUT 32 YEARS,

¶45

SRI. MOINUDDIN, S/O LATE MOHAMMED GHOUSE, AGED ABOUT 29 YEARS,

¶46

SRI. MOULA, S/O LATE MOHAMMED GHOUSE, AGED ABOUT 28 YEARS,

¶47

5 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶48

SMT. KHALIDA, D/O LATE MOHAMMED GHOUSE, AGED ABOUT 27 YEARS,

¶49

SMT. AYISHA, D/O LATE MOHAMMED GHOUSE, AGED ABOUT 25 YEARS,

¶50

SMT. KHUTTIJABI, D/O LATE ABDUL MANAN SAB, W/O SRI. SALEEM, AGED ABOUT 57 YEARS,

¶51

SRI. ABDUL NABI, S/O LATE ABDUL MANAN SAB, AGED ABOUT 56 YEARS,

¶52

SRI. ABDUL AZIZ, S/O LATE ABDUL MANAN SAB, AGED ABOUT 55 YEARS,

¶53

SRI. MOHAMMED AYOOB, S/O LATE ABDUL MANAN SAB, AGED ABOUT 53 YEARS, SL.NO.2 TO 11 AND 12 TO 22 AND 23 TO 34 ALL ARE RESIDING AT RAZAKSABPALYA, BAGHALUR DAKHALE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 562 149.

¶54

REPRESENTED BY SPA HOLDER SMT. MOHABOO BI, W/O ABDUL AZIZ, AGED ABOUT 52 YEARS, RESIDING AT RAZAKSABPALYA VILLAGE,

¶55

6 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶56

BAGALUR POST, BENGALURU NORTH TALUK, BENGALURU - 562 14.

¶57

…PETITIONERS

¶58

(BY SRI. CHANDRACHUD A., ADVOCATE)

¶59

AND:

¶60

SMT. RACHANA DOSHI, D/O MAHENDRA KUMAR DOSHI, AGED ABOUT 35 YEARS, REP. BY GPA HOLDER SRI. ANKUSH DOSHI, S/O MAHENDRA KUMAR DOSHI, AGED ABOUT 22 YEARS, R/A NO.488, 3^RD STAGE, 4^TH BLOCK, 8^TH MAIN ROAD, 1^st F CROSS, BASAVESHWARANAGAR, BENGALURU – 560 079.

¶61

SMT. VIJAYA RAMAKRISHNA, W/O LATE S. RAMAKRISHNA, AGED ABOUT 60 YEARS, R/AT NO.99, SBM COLONY, ANAND NAGAR, BENGALURU – 560 024.

¶62

SRI. SARVESH K.B., S/O SRI. KOTRESHAPPA, AGED ABOUT 42 YEARS, R/AT NO.197, 16^TH CROSS, TELECOM LAYOUT, SRIRAMPURA, JAKKUR POST, BENGALURU NORTH, BENGALURU – 560 064.

¶63

7 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶64

SRI. B.C.CHANDRASHEKAR, S/O SRI. B.B.CHENNAPPA, AGED ABOUT 64 YEARS, R/AT NO.81, 1^ST CROSS, MUNISWARA BLOCK, RAJAMAHAL GUTTAHALLI, BENGALURU – 560 003.

¶65

SRI. M.R.SRINIVASA RAO, S/O LATE M.RAMARAO, AGED ABOUT 83 YEARS, R/AT NO.1240, GROUND FLOOR, E BLOCK, 2^ND STAGE, VANI SCHOOL ROAD, RAJAJINAGAR, BENGALURU – 560 010.

¶66

SRI. SYED ABDUL AZEEZ, S/O LATE HAJI ABDUL SUBAN, AGED ABOUT 58 YEARS, R/AT NO.51/7, SRK GARDEN, NEAR STROKE MOTORS, 3^RD CROSS, T BLOCK, JAYANAGAR, BENGALURU – 560 041.

¶67

SRI. D. SRINIVASAN, S/O LATE M.P.DESIKAN, AGED ABOUT 74 YEARS,

¶68

SMT. GEETHA SRINIVASAN, W/O SRI. D. SRINIVASAN, AGED ABOUT 69 YEARS,

¶69

SL.NO.11 AND 12 ARE R/AT NO.814, 5^TH CROSS,

¶70

8 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶71

4^TH BLOCK, KORAMANGALA, BENGALURU – 560 034.

¶72

SRI. V. VENKATARAMU, S/O SRI. VENKATESH, AGED ABOUT 42 YEARS, R/AT NO.U16, 1^ST CROSS, MARUTHI EXTENSION, GUTTAHALLI, BENGALURU – 560 003.

¶73

SRI. B.R.RAMAKRISHNA, S/O SRI. BIMALINGAPPA, AGED ABOUT 39 YEARS, R/AT NO.20, 2^ND MAIN, CHAMUNDESHWARI LAYOUT, VIDYARANYAPURA, BENGALURU – 560 097.

¶74

SMT. I. PREMA, W/O T.K.INDIRAKUMAR, AGED ABOUT 78 YEARS, R/AT NO.272, KEB LAYOUT, RMV II STAGE, BENGALURU – 560 094.

¶75

REP. BY GPA HOLDER, SRI. RAVINDRAN G, S/O LATE S. GOVINDARAJALU, AGED ABOUT 51 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶76

SMT. KANDRA TRILOCHANA, W/O KANDRA VENKATARAMANA,

¶77

9 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶78

AGED ABOUT 69 YEARS, R/AT NO.367, STREET NO.5, BALARAMNAGAR, SAFILGUDA, SECUNDERABAD, TELANGANA – 560 067.

¶79

REP. BY GPA HOLDER, SRI. RAVINDRAN G, S/O LATE S GOVINDARAJALU, AGED ABOUT 51 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶80

SMT. T.D.SHANTHA, W/O LATE DAMODARAN, AGED ABOUT 57 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶81

REP. BY GPA HOLDER, SRI. RAVINDRAN G, S/O LATE S. GOVINDARAJALU, AGED ABOUT 51 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶82

SRI. RAVINDRAN G, S/O LATE S. GOVINDARAJALU, AGED ABOUT 51 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶83

10 -

¶84

NC: 2023:KHC:44909 WP No. 27465 of 2023

¶85

SMT. HEMA BHASKAR, W/O BHASKAR GOVINDARAJALU, AGED ABOUT 47 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶86

REP. BY GPA HOLDER, SRI. RAVINDRAN G, S/O LATE S. GOVINDARAJALU, AGED ABOUT 51 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶87

SRI. BHASKAR GOVINDARAJALU, S/O LATE S. GOVINDARAJALU, AGED ABOUT 52 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶88

REP. BY GPA HOLDER, SRI. RAVINDRAN G, S/O LATE S. GOVINDARAJALU, AGED ABOUT 51 YEARS, R/AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶89

SRI. PUPPALA GIRISH PRABHU, S/O PUPPALA MANIKYA PRABHU, AGED ABOUT 51 YEARS, RESIDING AT NO.87, VICTORIA LAYOUT, 2^ND CROSS, NEAR VIJAYA BANK,

¶90

11 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶91

BENGALURU – 560 075. REP. BY GPA HOLDER SRI. RAVINDRAN G, S/O LATE S. GOVINDARAJALU, AGED ABOUT 51 YEARS, RESIDING AT NO.278/A, 6^TH MAIN, HAL 3^RD STAGE, BENGALURU – 560 075.

¶92

SRI. J. FAIROZ KHAN, S/O SRI. S. JAMAL MOHAMMED, AGED ABOUT 50 YEARS, RESIDING AT NO.59, 8^TH CROSS, OLD PENSION MOHALLA, MYSORE ROAD, BENGALURU – 560 018.

¶93

SRI. MOULLA ALI, S/O SRI. D. MOHAMMED FAKRUDDIN SAHEB, AGED ABOUT 40 YEARS, RESIDING AT RAZAKSABPALYA, BAGHALUR DAKHALE, JALA HOBLI, BANGALORE NORTH TALUK.

¶94

SMT. SALEEM ANJUM, W/O MOULLA ALI, AGED ABOUT 35 YEARS, RESIDING AT RAZAKSABPALYA, BAGHALUR DAKHALE, JALA HOBLI, BANGALORE NORTH TALUK.

¶95

B. RAVI, S/O SRI. B. BYREGOWDA, AGED ABOUT 39 YEARS, RESIDING AT MALLEMACHANAHALLI,

¶96

12 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶97

SIDDAGHATTA TALUK, KOLAR DISRTICT.

¶98

M/S. BEML (HQRS AND MKTG), SC/ST EMPLOYEES WELFARE ASSOCIATION, BHARAT EARTH MOVERS LTD., NO.36, 5^TH FLOOR, UNITY BUILDING, J.C.ROAD, BANGALORE - 560 002.

¶99

REGISTERED UNDER CO-OPERATIVE SOCIETY ACT 1961, REPRESENTED BY ITS PRESIDENT SRI. R. SAMPATH.

¶100

…RESPONDENTS

¶101

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) CALL FOR THE RECORDS IN O.S. NO.939/2008 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT DEVENAHALLI; ii) QUASH THE IMPUGNED ORDER DATED 13/10/2023 PASSED ON I.A. NO. 41 IN O.S. NO.939/2008 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT DEVANAHALLI AT ANNEXURE-A AND ETC.

¶102

THIS PETITION, COMING ON FOR PRELIMINARY

¶103

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶104

13 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶105

ORDER

¶106

The petitioners, plaintiffs in O.S.No.939/2008 on the

¶107

file of the Principal Senior Civil Judge and JMFC, Devanahalli, are before this Court, aggrieved by order dated 13.10.2023 on I.A.No.41 filed under Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’) accepting the written statement filed by respondent Nos.1 to 18.

¶108

Heard Sri. A.Chandrachud, learned counsel for

¶109

the petitioners and perused the writ petition papers.

¶110

Learned counsel for the petitioners would

¶111

submit that the trial Court could not have accepted the written statement filed by respondent Nos.1 to 18 as said defendants were impleaded to a limited extent in pursuance to the order of this Court dated 17.11.2022. Learned counsel further submits that this Court while allowing respondent Nos.1 to 18 to come on record, has specifically made it clear that impleading applicants should confine and defend the suit through fourth defendant-

¶112

14 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶113

Association by examining any one of the interested parties. Learned counsel further submits that in the light of the above order, the trial Court could not have gone beyond the said order and accepted the written statement filed by respondent Nos.1 to 18. It is further submitted that the written statement accepted would be contrary to the direction issued by this Court, permitting the defendants i.e., respondent Nos.1 to 18 to come on record. Learned counsel further submits that respondent Nos.1 to 18 filed I.A.No.41 under Section 151 of CPC, seeking leave to file written statement. The petitionersplaintiffs filed their objection on 13.10.2023. On the said objection, without hearing the petitioners, the trial Court proceeded to pass order on I.A.No.41. Therefore, learned counsel would submit that the petitioners seeks for an opportunity to argue I.A.No.41 and thereafter, the trial Court could pass order on I.A.No.41. Thus, he prays for allowing the writ petition.

¶114

15 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶115

Having heard the learned counsel for the

¶116

petitioners and on perusal of the writ petition papers, I do not find any error in the order passed by the trial Court in accepting the written statement of respondent Nos.1 to 18 i.e., defendant Nos.5 to 22. Admittedly, respondent Nos.1 to 18 i.e., defendant Nos.5 to 22 were impleaded in terms

¶117

of order dated 17.11.2022. The trial Court under order dated 09.01.2023 noted that the defendants have not filed written statement. Thereafter, the defendants filed written statement on 16.06.2023. The said written statement was

¶118

not accompanying by application, seeking permission. Subsequently, respondent Nos.1 to 18 filed I.A.No.41 under Section 151 of CPC, seeking permission to file the written statement, which was allowed under impugned order. Main contention of the learned counsel for the petitioners is that this Court by order dated 17.11.2022 in W.P.No.6675/2022 permitted defendant Nos.5 to 22 to come on record, with an observation that the applicants should confine and defend the suit through fourth defendant-Association by examining any one of the

¶119

16 - NC: 2023:KHC:44909 WP No. 27465 of 2023

¶120

interested parties. The order of this Court dated 17.11.2022 in W.P.No.6675/2022 would not prevent or restrict the impleading applicants i.e., defendant Nos.5 to 22 from filing the written statement. In the said order, it is made clear that the witness examination on behalf of defendant No.4 shall be only one of the interested parties and it is not more than that. In light of the above, the trial Court has not gone beyond the order passed by this Court as contended by the learned counsel for the petitioners. The trial Court has rightly accepted the written statement of defendant Nos.5 to 22 i.e., respondent Nos.1 to 18 in the present writ petition.

¶121

A perusal of the impugned order dated 13.10.2023 would indicate that the trial Court has taken note of the objection filed by the petitioners-plaintiffs to I.A.No.41 and passed order on the same day. The petitioners’ contention is taken note of and to provide an opportunity, the written statement of defendants is taken on record. Thus, I am of the opinion that there is no merit

¶122

17 -

¶123

NC: 2023:KHC:44909 WP No. 27465 of 2023

¶124

in the writ petition and accordingly, the writ petition

¶125

stands rejected.

¶126

Sd/JUDGE

¶127

SMJ List No.: 1 Sl No.: 47

Smt Tahirabi v. Smt Rachana Doshi

Case brief

What is this about?

What did the court decide?

Smt Tahirabi v. Smt Rachana Doshi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt G R Vishalamma Vs Smt B S Manjula

Smt. G.M. Sonia @ Meghana Vs Sri. A.R. Bharath @ Sunil

Sri.G.a. Nagesh Vs Sri. Anantha Simha

Sri M Haledeeshappa Vs Sri B G Satish

Sri K Sathish Vs the Joint Registrar of Co.Op. Societies

Sri B R Jagadish Vs Smt. Mallamma Dead by Lrs, Smt Parvathamma