Karnataka High Court
Gangubai W/O Basappa Ambaragi vs Dareppa Adiveppa Kone on 21 November, 2014
Author: Mohan Shantanagoudar
Bench: Mohan .M. Shantanagoudar
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2014
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION Nos. 108479-480/2014 (GM-CPC)
BETWEEN:
GANGUBAI W/O BASAPPA AMBARAGI
SINCE DECEASED BY HIS LRS
1. KALLAWWA W/O. SIDDAPPA ANKALE
AGE: 52 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG,
DIST: BELGAUM.
2. BHARAMA BASAPPA AMBARAGI
AGE: 50 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG,
DIST: BELGAUM.
3. BALU BASAPPA AMBARAGI
AGE: 48 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG,
DIST: BELGAUM.
4. NEELAWWA W/O. MAHADEV MAGADU
AGE: 45 YEARS, OCC: AGRICULTURE
R/O. MADHABAVI, TQ: ATHANI,
DIST: BELGAUM.
5. APPASAB BASAPPA AMBARAGI
AGE: 43 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG
DIST: BELGAUM.
6. BHIMA BASAPPA AMBARAGI
AGE: 40 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG
2
DIST: BELGAUM.
7. SHIVAGOUDA BASAPPA AMBARAGI
AGE: 37 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG,
DIST: BELGAUM.
8. BABU BASAPPA AMBARAGI
AGE: 32 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG
DIST: BELGAUM.
9. MALLIKARJUN BASAPPA AMBARAGI
AGE: 34 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG
DIST: BELGAUM. ... PETITIONERS
(BY SRI. RAJASHEKHAR BURJI, ADV.)
AND
1. DAREPPA ADIVEPPA KONE
AGE: 50 YEARS, OCC: AGRICULTURE
R/O. BHIRADI, TQ: RAIBAG,
DIST: BELGAUM,
PRESENTLY R/AT: SANKONATTI
TQ: ATHANI, DIST: BELGAUM.
2. KRISHNAPPA BALAPPA NIDAVANI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. BHIRADI, TQ: RAIBAG,
DIST: BELGAUM.
3. MALA W/O. RAYAPPA NIDAVANI
AGE: 48 YEARS,
OCC: HOUSEHOLD WORK
R/O. BHIRADI, TQ: RAIBAG
DIST: BELGAUM. ... RESPONDENTS
(BY SRI. SRINAND A PACHHAPURE, ADV. FOR R3,
R1 & R2 -SERVED.)
THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE
3
THE ORDER DATED 05.08.2014 PASSED BY THE SENIOR CIVIL
JUDGE AND JMFC RAIBAG IN O.S.NO.262/2008 REJECTING THE
I.A.NO.13 UNDER ORDER XXII RULE 3 READ WITH SECTION 151
OF CODE OF CIVIL PROCEDURE PRODUCED AT ANNEXURE-A
AND FURTHER ALLOW THE I.A.NO.13 PRODUCED AT ANNEXURE-
E.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
By the impugned order, the Court below has rejected the application filed by the petitioners to come on record and allowed the application of respondent No.3 for impleading.
2. The application of the petitioners is rejected taking too technical view in the matter. It is no doubt true that, the application filed by the petitioners to come on record as legal representatives of the deceased plaintiff discloses the names of only 8 persons i.e., upto petitioner Nos.1 to 8. However, the affidavit is sworn to by petitioner No.9/Sri Mallikarjun Basappa Ambaragi s/o Basappa Ambaragi. In the very affidavit, he has stated that he is one of the legal 4 representatives of deceased plaintiff and he has sworn to affidavit on behalf of other petitioner Nos.1 to 8 also. In this view of the matter, the Court below could have condoned the typographical lapse on the part of petitioner No.9. Hence, the impugned order in so far as rejecting the application/IA-13 filed by the petitioners to come on record as legal representatives stands set aside. IA-XIII is allowed. They shall be brought on record as legal representative of deceased plaintiff.
3. This Court does not find any ground to interfere in the matter allowing the application filed by respondent No.3 to come on record. According to the 3rd respondent herein, she has purchased the entire suit property on 06.03.2010. She may be proper party in the suit in question, inasmuch as, she may have to oppose the suit, if, required. Since the trial Court has exercised discretion judiciously under the facts and circumstances of the case, no interference need be made in that regard. Accordingly, 5 the writ petitions stand disposed of with the above observations.
SD/-
JUDGE Jm/-
CT: byg