Agasara Lingappa S/O Hire Bheemanna vs Maremma W/O Late Eranna on 18 July, 2012

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Karnataka High Court

Agasara Lingappa S/O Hire Bheemanna vs Maremma W/O Late Eranna on 18 July, 2012

Bench: Ajit J.Gunjal

          IN THE HIGH COURT OF KARNATAKA

             CIRCUIT BENCH AT DHARWAD

       DATED THIS THE 18TH DAY OF JULY, 2012

                        BEFORE

       THE HON'BLE MR.JUSTICE AJIT J.GUNJAL

     WRIT PETITION NO. 65055/2012 (GM-CPC)

BETWEEN:

1.   Agasara Lingappa
     S/O Hire Bheemanna
     Age about70 years,
     Occ: Agriculturist,
     R/O Bandralu Village,
     Tq:Siraguppa
     Dist: Bellary

2.   Agasara Dodda Kalingappa
     S/O Pakkirappa
     Aged about45 years,
     Occ: Agriculturist,
     R/O Bandralu Village,
     Tq:Siraguppa,
     Dist: Bellary.

3.   Agasara Basappa
     S/O. Thimmappa
     Aged about 35 years,
     Occ: Agriculturist,
     R/O Bandralu Village,
                              :2:



     Tq:Siraguppa,
     Dist: Bellary.

4.   Agasara Venkoba
     S/O Sanna Bhemanna,
     Aged about 50 years,
     Occ: Agriculturist,
     R/O Vagaruru Village,
     Tq:Adoni, Dist: Kurnool.

5.   Agasara Mallamma
     W/O. Siddappa,
     Aged about 65 years,
     Occ: Agriculturist,
     R/O. K. Suguru Village,
     Tq: Siraguppa, Dist: Bellary.

6.   Agasara Dyavappa
     S/O Hire Lingappa
     Aged about 70 years,
     Occ: Agriculturist,
     R/O. K. Suguru Village,
     Tq: Siraguppa, Dist: Bellary.

7.   Agasara Ningamma
     W/O Mallikarjun,
     Aged about 45 years,
     Occ: Agriculturist,
     R/O Bandralu Village,
     Tq:Siraguppa,
     Dist: Bellary.                   ... PETITIONERS

     (By Sri. Mallikarjunswamy B Hiremath, Adv.)
                              :3:



AND:

1.   Maremma
     W/O Late Eranna,
     Aged about 57 years,
     Occ: Agriculturist,
     R/O. Raravi Village,
     Tq: Siraguppa. Dist: Bellary.

2.   Husaini
     S/O Late Eranna,
     Aged about 35 years,
     Occ: Agriculturist,
     R/O. Raravi Village,
     Tq: Siraguppa,
     Dist: Bellary.

3.   Kubera
     S/O Late Eranna,
     Aged about 23 years,
     Occ: Agriculturist,
     R/O. Raravi Village,
     Tq: Siraguppa,
     Dist: Bellary.

4.   Shivanna
     S/O Late Eranna,
     Aged about 21 years,
     Occ: Agriculturist,
     R/O. Raravi Village,
     Tq: Siraguppa,
     Dist: Bellary

5.   Hanumanthappa
     S/O Late Sanna Lingappa
     Aged about 74 years,
                             :4:



     Occ: Agriculturist,
     R/O. K. Suguru Village,
     Tq: Siraguppa.
     Dist: Bellary.

6.   Dodda Mahankalli
     D/O. Hanumanthappa
     W/O Muduka,
     Aged about 41 years,
     Occ: Agriculturist,
     R/O. Raravi Village
     Tq: Siraguppa,
     Dist: Bellary

7.   Agasara Marenna
     S/O. Karilingappa
     Aged about 35 years,
     Occ: Agriculturist,
     R/O. K. Suguru Village,
     Tq: Siraguppa.
     Dist: Bellary.                       ... RESPONDENTS
                          ....

     This writ petition is filed under Articles 226 and 227

of the Constitution of India with a prayer to quash the

order dated 30.06.2012 passed by the Civil Judge and

JMFC, at Siruguppa in O.S.No.161/2011 at Annexure-H

and consequently allow I.A.No.3.


     This writ petition coming on for preliminary hearing,

this day, the court made the following:
                              :5:




                         ORDER

The petitioner made an application under Order 1 Rule 10(ii) of the Code of Civil Procedure to come on record on the ground that they are the legal heirs of deceased Agasara Narasamma, who it appears has bequeathed the suit property in favour of the 1st plaintiff's husband. The learned Trial Judge has rejected the said application.

2. The learned counsel appearing for the petitioner submits that the Will, which is sought to be propounded by the plaintiff, is a bogus Will inasmuch as on the date of the Will, Agasara Narasamma was not alive.

3. Apparently, the presence of the petitioners in deciding an issue whether the Will is valid or not is not at all necessary. I am of the view that the petitioners are neither proper nor necessary parties to the proceedings, :6: inasmuch as in their absence also, the Will could be examined.

Petition stands disposed of accordingly.

Sd/-

JUDGE SPS/-

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