T. VENKATESH S/O LATE PATTADA THIMMAIAH AND SMT. M. SHOBHA W/O T. VENKATESH Vs. SMT. NAGAMMA W/O M. RANGAPPA AND OTHERS

JUDGEMENT

(1.) RESPONDENTS 1 to 10 have filed O.S. No. 16792/2005 in the City Civil Court at Bangalore, against the Petitioners and the 11th Respondent, The suit has been filed in representative capacity for relief of declaration and permanent injunction in respect of the suit property. The Petitioners are the 1st and 2nd Defendants in the suit and have filed written statement on 09.09.2005. Issues were framed and the suit was posted for trial. Respondents 12 to 17 filed an application under Order 1 Rule 8(3) Code of Civil Procedure to permit them to come on record as co -Plaintiffs. The Petitioners filed statement of objections on 17.06.2010. The trial court has allowed the said application. Feeling aggrieved, the Defendants 1 and 2 have filed this writ petition.

(2.) SRI P.M. Narayanaswamy, learned Counsel appearing for the Petitioners contended that, the property described in the schedule belongs to the Petitioners and they are in possession and enjoyment of the same in exercise of absolute ownership rights. According to the learned Counsel, the suit itself being not maintainable, the trial court has erred in allowing the application filed belatedly by the Respondents 12 to 17. He contends that the impugned order is irrational and illegal.

(3.) THE Plaintiffs have stated in the trial court that, they have no objection for impleading of the applicants as co -Plaintiffs. The application was opposed only by the Petitioners herein. The suit has been instituted in a representative capacity. The applicants claim to be the residents of the area and intend to join the Plaintiffs in prosecution of the suit. The court had directed publication of notice as required under Order 1 Rule 8(2) Code of Civil Procedure and the said notice has been published on 04.08.2005 in Sanjevani newspaper. The said paper is only an evening daily. The Petitioners have not produced any material to show that, the applicants had knowledge of the pendency of the suit from 04.08.2005 till the application was filed and deliberately filed the application at belated stage. The claim of the applicants that, they had no knowledge of the said publication and the suit, cannot be brushed aside. The trial court in exercise of its discretionary jurisdiction has allowed the application.