Petitioners sought to be added as parties to a probate proceeding via an Order I Rule 10(2) CPC application, which was rejected for failing to show relationship to the deceased or produce a genealogy. The High Court found no error and dismissed the writ petition.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 104199 OF 2024 (GM-CPC)
BETWEEN:
…PETITIONERS
(BY SRI. SHRINIVAS KRISHNA NAIK, ADVOCATE)
AND:
GIRIJA A BYAHATTI Location: HIGH COURT OF KARANTAKA DHARWAD BENCH
DIST: UTTARA KANNADA, PIN CODE: 581402.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 10-06-2024, PASSED IN P & SC NO.5002/2023, PENDING BEFORE THE COURT OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT U.K., KARWAR, SITTING AT SIRSI, ON I.A. NO.IV, FILED UNDER ORDER 1, RULE 10(2) READ WITH SECTION 151 OF CPC, VIDE ANNEXURE-H; ANY OTHER SUITABLE ORDER/S OR DIRECTION/S WHICH THE HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN FAVOUR OF THESE PETITIONER/APPLICANTS, ALONG WITH THE COSTS OF THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
Heard the learned counsel of the petitioners.
order passed by the Trial Court in rejecting the application filed under Order I Rule 10(2) r/w Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’), wherein, the prayer sought by the petitioner was dismissed. The Trial Court while considering the grounds urged in the application has taken note of the fact that the petitioners are categorically admitted that the petition schedule properties were of the ownership of the deceased Subash S/o. Krishnarao Sonde. The Trial Court also made an observation that the applicants have not given any explanation, how they are related to the said deceased Subash S/o. Krishnarao Sonde and also not produced any genealogy to prove their relationship with the deceased.
Taken note of the fact that they have not stated who was the common ancestor from whom they descended and
nothing is placed on record. The Trial Court also taken note of the fact that the suit was filed, wherein, they sought for the relief of partition and there also they have not given any genealogical tree and not stated how they are entitled right in the petition schedule properties and hence, rejected the same.
that though the Trial Court made an observation that genealogical tree is not produced before the Trial Court in the plaint and contend that they have filed a separate genealogical tree and the same is also not placed before this Court. When they have already filed a suit for the relief of partition, and they have to establish their right and no need to come on record in P&SC without producing any document. The learned counsel for the petitioners also submits that the relationship as agnates in respect of the owner of the property is concerned and when they have already filed a suit for the relief of partition, they have to establish their right in the said suit.
Court in rejecting the application in dismissing the Order I Rule 10(2) r/w Section 151 of the CPC and hence, I do not
find any merit in the present writ petition and accordingly,
the writ petition is dismissed.
Sd/(H.P.SANDESH) JUDGE
PMP List No.: 1 Sl No.: 38
1 issue framed by the court
Whether the Trial Court erred in rejecting the petitioners' application under Order I Rule 10(2) CPC to be added as parties to the probate suit.
2 provisions across 2 enactments
Meghan Sonde
Noopur Sonde
Smt. Radhabai Krishnarao Sonde Trust
Dr. Kishore Pawar
Dr. Ramesh Hegde
Sri Varindra Kamat
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
