A writ petition challenged the Trial Court's review under Order 47 Rule 1 CPC recalling the impleadment of a purported brother-in-law of a deceased person as defendant No.6 in a declaration and injunction suit based on a will. His own evidence in another suit showed he was only distantly related, and the High Court dismissed the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 3992 OF 2023 (GM-CPC)
BETWEEN:
SRI. REDDAPPA S/O. CHETTY CHIKKASUBBANNA, AGED ABOUT 60 YEARS, R/AT YALLAMPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHICKKABALLAPURA DISTRICT - 561 207.
…PETITIONER
(BY SMT. THANIMA BEKAL., ADVOCATE FOR SRI. HAREESH BHANDARY.T., ADVOCATE) AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
KASABA HOBLI, BAGEPALLI TALUK, CHICKKABALLAPURA DISTRICT - 561 207.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 29/11/2022 MADE ON I.A.NO.VII IN O.S.NO.166/2019 ANNEXURE-A BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, CHIKKABALLAPURA AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
Defendant No.6 in O.S.No.166/2019 on the file of the Prl. Senior Civil Judge and CJM, Chikkaballapura has filed this petition challenging the correctness of an order dated 29.11.2022 by which an application filed by the plaintiff under Order 47 Rule 1 of Code of Civil Procedure (hereinafter referred as 'CPC') was allowed and the order dated 11.08.2022 allowing I.A.No.5 was reviewed and recalled and I.A.No.5 was rejected.
NC: 2024:KHC:45321 WP No. 3992 of 2023
Smt.Lakshmidevamma died on 26.10.2012 issueless and her husband died on 08.02.2011. She claimed that Smt.Lakshmidevamma had executed a Will dated 17.10.2012 bequeathing the suit property and a few other properties in her favour. She claimed that the defendants attempted to interfere with her possession of the suit property and later she came to know that defendant Nos.2 to 5 had obtained revenue records in their names based on a partition dated 05.04.2018. Plaintiff therefore sought relief for declaration of her title and for injunction in respect of the land bearing Survey No.122.
NC: 2024:KHC:45321 WP No. 3992 of 2023
Bagepalli Taluk. He therefore submitted that he was interested in the suit property and hence wanted to come on record.
6 . Therefore, the plaintiff in O.S.No.166/2019 filed an application under Order 47 Rule 1 of CPC to review the earlier order permitting defendant No.6 to come on record. In the objections to this application, defendant No.6 did not deny the aforesaid evidence adduced by him in O.S.No.228/2014. The Trial Court therefore was convinced that the defendant No.6/petitioner herein was not the brother-in-law of Chinnapaiah and therefore, not entitled to come on record in the suit filed in O.S.No.166/2019. The Trial Court therefore allowed the application and reviewed its earlier order, permitting the petitioner to come on record in the suit as
defendant No.6. Being aggrieved by the said order, this petition is filed.
NC: 2024:KHC:45321 WP No. 3992 of 2023
O.S.No.166/2019 and O.S.No.228/2014 as well as the order passed by the Trial Court that are impugned in this petition.
NC: 2024:KHC:45321 WP No. 3992 of 2023
Sd/(R. NATARAJ) JUDGE
AM
List No.: 1 Sl No.: 38
1 issue framed by the court
Whether the Trial Court rightly reviewed and recalled its order impleading the petitioner as defendant No.6 under Order 47 Rule 1 CPC after his evidence showed he was only distantly related to Chinnap
3 provisions across 2 enactments
Reddappa s/o Chetty Chikkasubbanna
Smt. Parvathamma w/o Late Gangadharappa
Smt. Lakshmidevamma w/o Late Chikkappaiah
Smt. Muneeramma w/o Narayanappa
Smt. Thimmakka w/o Thimmarayappa
Smt. Jayalakshmamma w/o Munikrishnappa
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
