IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.46550 OF 2019 (GM-CPC) BETWEEN:
LAKSHMANA S/O. LATE MUDLALAGIRIAIAH AGED ABOUT 35 YEARS R/AT KUDUVANAKUNTE VILLAGE HEBBUR HOBLI TUMAKUR TALUK TUMAKURU DISTRICT – 572 120 ... PETITIONER (BY SRI SAMEER S.N., ADVOCATE) AND:
1. RAJANNA S/O. MULAIAH AGED AOBUT 39 YEARS R/AT KUDUVANAKUNTE VILLAGE HEBBUR HOBLI TUMAKURU TALUK – 572 120 NOW AT SALANTRIPALYA VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT – 572 130 2. SMT. PUTTAHUCHAMMA W/O. MUDLAIAH AGED ABOUT 66 YEARS R/AT KUDUVANAKUNTE VILLAGE HEBBUR HOBLI TUMAKURU TALUK TUMAKURU DISTRICT – 572 120 NOW AT SALANTRIPALYA VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT – 572 130 ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.08.2019 (ANNEXURE-A) PASSED BY THE COURT OF THE III ADDITIONAL CIVIL JUDGE AND JMFC AT TUMAKURU IN OS.NO.1241/2011 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the second defendant in a partition suit in O.S.No.1241/2011, is invoking the writ jurisdiction of this Court for assailing the Order dated 29.08.2019, a copy whereof is at Annexure – A whereby the learned III Additional Civil Judge, Tumakuru, having favoured respondent- plaintiffs’ application filed under Order XXII Rule 9 of CPC, has allowed the legal representative of the deceased defendant No.1 to come on record as defendant No.1(a).
2. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as the findings recorded by the Court below on the said application are tentative in nature and therefore, it is open to the parties to join issue as to the status of defendant No.1(a) in the Course of trial of the suit.
In the above circumstances, this writ petition is disposed off, with the above observations.
Sd/- JUDGE KTY