Smt Yallawwa Yallubai W/O Ningappa Madagoudar, v. Bhimaray Irappa Shegunashi
Partition suit – transposition of plaintiff as defendant
Case brief
What is this about?
WP No.102143 of 2025 (GM-CPC), High Court of Karnataka, Dharwad (Anant Ramanath Hegde J., 09.10.2025): certiorari under Articles 226 and 227 of the Constitution against the Addl. Senior Civil Judge, Jamkhandi's order dated 12.03.2025 on IA No.11 in O.S. No.24/2023, which allowed plaintiff No.2 to transpose plaintiff No.1 as defendant No.21 in a partition and separate possession suit; petition allowed and order set aside; both plaintiffs and contesting defendants permitted to lead independent evidence; PW1/PW2 sequencing directed; conflicting evidence to be weighed on merits against the entire record.
What did the court decide?
Writ of certiorari issued; the impugned order dated 12.03.2025 passed on IA No.11 in O.S. No.24/2023 is set aside, and the trial court is directed to proceed to conduct the trial and dispose of the matter in accordance with law.