IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.12993 OF 2017 (GM-CPC) BETWEEN:
Smt. Goopilamma Deceased by her LRs.
1. Smt. Rukumaniyamma W/o C. Ramamurthy, D/o Late Munivenkatappa, Aged about 61 years, R/at No.33/4, 3rd Cross, Suddaguntepalya, Bengaluru-560 029.
2. Smt. S.M. Shanthamma W/o A. Chandrappa, D/o Late Munivenkatappa, Aged about 55 years, R/o Perumalapalli, Hosur Taluk, Krishnagiri District, Tamilnadu-635 103.
3. Smt. Rathnamma W/o V.M.Chinnanna, Aged about 51 years, R/o No.170/6, 3rd ‘A’ Main, Venkatapura Extension, Bengaluru-560 034.
4. Smt. S.M. Kamalamma W/o Kanchucharan, D/o Late Munivenkatappa, Aged about 48 years, R/o No.170/6, 3rd ‘A’ Main, Venkatapura Extension, Bengaluru-560 034. … Petitioners (By Sri. G. Papi Reddy, Advocate) AND:
1. Smt. S.M.Anasuyamma @ Anasuya D/o Late Munivenkatappa, Aged about 51 years, R/o Kanthappa Street, Sarjapura Anekal Taluk-562 125, Bengaluru District.
2. Sri S.M.Chandrappa S/o Late Munivenkatappa, Aged about 63 years, 3. Sri Madhuchandra S/o Late Munivenkatappa, Aged about 33 years, 4. Sri Harichandra S/o S.M.Chandrappa, Aged about 31 years, Respondents 2 to 4 are r/at R.M.S.Colony, (Shastry Memorial School), Battarahalli, Veeranagar Post, Bengaluru-560 047.
5. Sri S.M.Siddaramaiah S/o Kurubara Mallaiah, Aged about 83 years, R/at Kanthappa Street, Sarjapura, Anekal Taluk, Bengaluru District-562 105.
Note: The petitioners have not claimed any relief against the respondent Nos.1 to 5 except the respondents 6 and 7 as stated in the above writ petition. Hence they are made as formal parties in this Writ petition.
6. Kum. Swetha D/o Late Sujatha, Aged about 17 years, Rept. By her father as Legal and Natural Guardian Sri Babu Rajendra Prasad, R/at Avalahalli Village, Hosur Taluk, Krishnagiri District, Tamil Nadu-635 103.
7. Sri Babu Rajendra Prasad S/o Teacher Ramaiah, Aged about 52 years, R/at Avalahalli Village, Hosur Taluk, Krishnagiri District, Tamil Nadu-635 103.
… Respondents ( R-7 Served; R-6 is Minor; Notice to R-1 to R-5 is d/w v/o dated 24.06.2019) This Writ Petition is under Article 227 of the Constitution of India praying to quash the order dated 04.03.2017 passed by the court of the Senior Civil Judge, Anekal in O.S.No.1745/2006 allowing I.A.No.21 filed under Order 1 Rule 10(2) of the Code of Civil Procedure vide Annexure-A and etc.
This Writ Petition is coming on for Orders, this day, the Court made the following:
ORDER Petitioners being the plaintiffs in a declaratory suit in O.S.No.1745 /2006 are knocking at the doors of Writ Court for assailing the order dated 04.03.2017, a copy whereof is at Annexure-A whereby the learned Senior Civil Judge and JMFC, Anekal having favoured the applications in I.A.Nos.21 and 22 has impleaded the applicants are as additional defendants and minor applicant is permitted to be represented by the guardian ad litem.
2. After service of notice, the respondents having entered appearance through their counsel, resist the writ petition.
3. Having heard the learned counsel for the parties and having perused the writ petition papers, this Court grants reprieve to the petitioners for the following reasons:
a) the impugned order prima-facie shows that there is no due application of mind by the learned Judge who has only stated that the applicants are proper and necessary parties, without mentioning as to how they are necessary parties, impugned order is not a speaking order; and, b) The Apex Court in the case of RAZIA BEGUM VS. SAHEBADI ANWAR BEGUM AND OTHERS AIR 1958 SC 886 has laid down the guidelines to decide who are necessary parties and who are proper parties; this has not been borne in mind by the learned trial Judge.
In the above circumstances, this writ petition is allowed in part; impugned order is set at naught; the matter is remanded for fresh consideration by the trial Court, after hearing the stake holders. All contentions are kept open.
No costs.
Sd/- JUDGE NR/-