HIRIYAMMA Vs. SANTHOSH KUMAR

JUDGEMENT

(1.) This Writ Petition is filed by the defendants in O.S No.290/2009 / respondents in FDP No.3/2010 pending consideration before the Court of II Additional District and Sessions Judge, Davanagere, challenging the correctness of the Order dtd. 17/10/2014, by which an application (I.A. No.5) filed by them under Sec. 151 of the Code of Civil Procedure (for short, 'the CPC') was rejected.

(2.) A suit in O.S. No.290/2009 was filed by Smt. Gowramma for partition and separate possession of her share in the suit schedule properties and the same was decreed.

(3.) Final Decree Proceedings were initiated in FDP No.3/2010 by Smt. Gowaramma and she died on 12/3/2011. The respondent herein claimed to be the adopted son of Smt. Gowaramma and therefore, filed an application (I.A. No.1) under Order XXII Rule 3 of the CPC to come on record as the legal heir of the deceased plaintiff. He claimed that the deceased plaintiff had adopted him which was evidenced by a deed of adoption dtd. 22/6/2005.