SHRIKANT Vs. SHIGGAONMATH

JUDGEMENT

(1.) This writ petition is filed under Article 227 of the Constitution of India by the defendants in O.S.No.172/2013 pending on the file of the Principal Senior Civil Judge and JMFC Hubballi (hereinafter referred to as "Trial Court" for short) with a prayer to quash the order dated 25.06.2018 made on I.A.No.6 vide Annexure-F to this writ petition.

(2.) Heard the learned counsel for the petitioners and the learned counsel for respondent.

(3.) Brief facts of the case are that the plaintiff Muth had filed O.S.No.172/2013 before the Trial Court against the defendants seeking relief of possession and mesne profits in respect of the suit property. During the pendency of the suit, I.A.No.5 was filed by one Sri. Ma. Ni. Pra. Santoshswamy Urf Murughendraswamy Gurusanganabasavaswamy @ Shivanandswamy Viraktamath @ Shiggaonmath claiming that he was the Peethadhipati of the plaintiff Muth and the said application was allowed by order dated 14.08.2017. On 12.09.2017, learned counsel for the original plaintiff had filed a memo stating that the proposed plaintiff No.2 had expired on 30.10.2017. Thereafter, the learned counsel for the proposed plaintiff No.2 had filed a memo stating that the deceased plaintiff No.2 had appointed one Sri. Ma. Ni. Pra. Santosh Swamy Viraktamath @ Shiggaonmath as his successor and he has also executed a will to the said effect.