High Court allowed a writ petition quashing the trial court order allowing the impleadment of a family member as defendant without affording the plaintiffs hearing. The matter remitted for reconsideration.
Impugned order dated 20.12.2023 in O.S. No. 1690/2022 set aside and matter remitted to Trial Court for reconsideration of impleading application.
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: 2024:KHC:10900 WP No. 4509 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.4509 OF 2024 (GM-CPC)
BETWEEN:
YEMLURU, BANGALORE SOUTH BANGALORE-560 037.
Digitally signed by LEELAVATHI S R
Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. H P GANGESH GOWDA, ADVOCATE)
AND:
R/AT NO.7, RAMASWAMY ROAD J C NAGAR, BANGALORE-560 006.
NC: 2024:KHC:10900 WP No. 4509 of 2024
GIRINAGAR BANGALORE-560085
…RESPONDENTS
(BY SRI.NAGESH K.N., .,ADVOCATE)
THIS WP IS FILED PRAYING TO CALL FOR THE RECORDS PERTAINING TO OS NO.1690/2022 ON THE FILE OF THE COURT OF THE III ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE AND TO QUASH THE ORDER DATED 20/12/2023 ON IA NO.3 IN OS NO.1690/2022 PASSED BY THE COURT OF THE III ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE, VIDE ANNEXURE-A BY ALLOWING THE ABOVE PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by the plaintiffs in O.S.No.1690/2022 is directed against the impugned order dated 20.12.2023 whereby the application filed by respondent No.10 – impleading applicant to come on record as defendant No.10 in the suit was allowed by the Trial Court.
2. Heard learned counsel for the petitioners and learned
counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that petitioners have filed the instant suit against the respondent Nos.1 to 9 – defendants for partition and separate possession of their alleged share in the suit schedule immovable property and for other reliefs. During pendency of the suit, respondent No.10 – impleading applicant claiming to be a family member, filed the instant application seeking impleadment. It is the grievance of the petitioners that without providing sufficient opportunity to the petitioners to file objections to the said application, the Trial Court has proceeded to summarily allow the application by passing the impugned order, which is assailed in the present petition.
4. A perusal of the impugned order will indicate that the
Trial Court has recorded that the petitioners – plaintiffs have not filed their objections to the impleading application filed by respondent No.10. Under these circumstances, in order to provide one more opportunity to the petitioners – plaintiffs to file their objections to the impleading application, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for reconsideration of the impleading application filed by respondent No.10 afresh in accordance with law.
5. In the result, I pass the following:
ORDER
(ii) The impugned order dated 20.12.2023 passed in O.S.No.1690/2022 by the Trial Court is hereby set aside. (iii) Matter is remitted back to the Trial Court for
reconsideration of the impleading application filed by defendant No.10 – respondent No.10, afresh in accordance with law.
NC: 2024:KHC:10900 WP No. 4509 of 2024
(iv) Liberty is reserved in favour of the petitioners to
file objections to the impleading application, which shall be considered by the Trial Court, who shall proceed further in
accordance with law.
Sd/JUDGE
SV
List No.: 1 Sl No.: 90
1 issue framed by the court
Whether the impugned order allowing impleadment of an applicant without affording full opportunity to objecting petitioners should be set aside.
SMT B A RAJESHWARI
SMT B A PUSHPALATHA
SMT GOWRAMMA
SMT JAYAMMA
SRI B NAGARAJU
SRI B MUNIRAJU
S.R. KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
