IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 14663 OF 2019 (GM-CPC) BETWEEN:
SMT G NAGARATHNA W/O K GOPALA REDDY AGED ABOUT 58 YEARS, SRI RAGHURAMA NILAYA, RAGHURAMA WOOD WORKS, NEAR K K SCHOOL, VARTHUR GUNJUR MAIN ROAD, VARTHUR, BENGALURU EAST TALUK, BENGALURU-560087.
... PETITIONER (BY SRI. J M RAJANNA SHETTY, ADVOCATE) AND:
1. SRI V HARISH BABU, S/O RAMACHANDRAPPA, AGED ABOUT 23 YEARS, 2. SRI V ANANTHANAG, S/O RAMACHANDRAPPA, AGED ABOUT 21 YEARS, 3. SRI V R VENKATESH, S/O RAMACHANDRAPPA, AGED ABOUT 19 YEARS, R1 TO R3 ARE RESIDING AT VARTHUR, BENGALURU EAST TALUK, BENGALURU 560087.
NOTE: DEFENDANTS NO. 1,2,4 IN THE ORIGINAL SUIT ARE NOT MADE PARTIES TO THIS PETITION AS NO RELIEF IS SOUGHT AGAINST THEM.
... RESPONDENTS (BY SRI. D R RAJASHEKHARAPPA, ADVOCATE FOR R1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.12.2017 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BANGALORE INO.S.NO.428/2007 ON I.A. FILED UNDER ORDDER 7 RULE 14(3) VIDE ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner being the defendant in a declaration suit in O.S.No.428/2007 is knocking at the doors of writ court for laying a challenge to the Order dated 07.12.2017, a copy whereof is at Annexure-D, whereby the respondent- plaintiffs application filed under Order 7 Rule 14(3) of CPC, 1908, having been favoured, the Court below has admitted the certified copy of a testament in question to the evidence. After service of notice, the respondent-plaintiffs having entered appearance through their counsel, resist the writ petition.
2. Both the sides having argued the matter for some time are now in agreement with the suggestion of this Court that the impugned order be set aside and the matter be re-considered afresh by the Court below after affording an opportunity of hearing to both the stake holders.
Ordered accordingly.
All contentions of the parties are kept open. No costs.
Sd/- JUDGE Snb/