Sri Venugopal @ Venugopal Reddy v. Smt Akkayamma
Case brief
What is this about?
NC: 2025:KHC:54186 | High Court of Karnataka, Bengaluru | S Vishwajith Shetty J | 18-12-2025 | WP No. 3186 of 2021 C/W WP No. 2569 of 2021 (GM-CPC). Key concepts: Order XXII Rule 3 CPC (substitution/addition of legal representative of deceased plaintiff); Order XXII Rule 5 CPC (enquiry to determine legatee's right under a will); Class-I heirs v. Class-II heirs; grandchild-legatees under registered will dated 23.10.2014; death of plaintiff Smt. Akkayamma on 22.04.2015; daughter already on record as plaintiff no.2; suits for declaration of title, cancellation of gift deed and permanent injunction; prior writs W.P.No.47557-47558 of 2017 resulting in remand; trial Court's orders dated 14.10.2020 set aside with direction to reconsider afresh.
What did the court decide?
Both writ petitions allowed; the impugned orders dated 14.10.2020 passed on the Order XXII Rule 3 CPC applications in O.S.No.6705 of 2014 and O.S.No.4485 of 2014 are set aside, and the trial Court is directed to consider the said applications afresh in the light of the Court's observations; pending I.As. disposed of as not surviving for consideration.