IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT W.P.No.23901 OF 2019 (GM-CPC) BETWEEN:
P.GOPAL RAJU, S/O KRISHNAMARAJU, AGED 73 YEARS, NO.56 (ROLL), 2ND FLOOR, GUTTAHALLI MAIN ROAD, MALLESWARAM, BANGALORE-560003. ... PETITIONER (BY SRI.P.GOPAL RAJU, PARTY-IN-PERSON) AND:
1. SRI.A.VIJAYKUMAR, S/O LATE CHANGAPPA, AGED 68 YEARS, NO.13, SHANTHINAGAR COLONY, MASAB TANK, HYDERABAD, ANDHRA PRADESH-500028.
2. SMT.RAMAKKA, W/O LATE CHIKKAKRISHNAPPA, AGED 66 YEARS, HOUSE NO.49, CHIKKAKRISHNAPPA BHEEDI, SADAHALLI, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. ... RESPONDENTS (SRI.D.N.SAHADEVA REDDY, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGEMENT AND ORDERS DATED 27.4.2019 IN O.S.803/2013 ANNEXURE-Z PASSED BY THE HON'BLE SENIOR CIVIL JUDGE, DEVANAHALLI AND IMPOSE HEAVY COST PAYABLE BY R-1 & 2 TO THIS PETITIONER AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This Writ Petition was filed on 7.7.2019 for assailing the order dated 27.04.2019 made by the court below in O.S.No.803/2013.
2. The impugned order whereby the suit has been disposed off, is challengeable under section 96 of CPC, 1908, since it answers the description of decree given under section 2 (2) of CPC, 1908. The contentions that petitioner herein is not a party eo nomine to the suit and therefore, he cannot challenge the decree, is founded on a wrong impression of law inasmuch as even a non-party can lay a challenge with the leave of the court, if grounds do exist therefor.
In the above circumstances, this Writ Petition is disposed off with the above observations.
No costs.
Sd/- JUDGE cbc