MAJIDKHAN Vs. DILERKHAN

JUDGEMENT

(1.) Heard learned counsel Sri Chetan T. Limbikai for review petitioner. He has filed this review petition under Sec. 114 read with Order XLVII rule 1 of CPC to review the order dtd. 28/6/2023 passed by this Court in WP.No.103394/2023.

(2.) It is the contention of learned counsel for the review petitioner that the petitioner along with other plaintiff in O.S.No.118/2010 filed for relief of declaration and injunction seeking to claim that they are the legal heirs of deceased-Smt. Nawaaz Khatu W/o. Dilerkhan Biradar Nawaab of Savanur. In the said suit, an application came to be filed by applicants to implead themselves as defendant Nos.8 to 24, which came to be allowed as the plaintiff did not object to the same and defendant Nos.8 to 24 were impleaded. Subsequently, during the course of suit proceedings defendant No.8 therein died on 2/5/2021. Thereafter, plaintiff filed an application to bring the legal representatives of defendant No.8 on record. This application numbered as I.A.No.31 which came to be rejected by the trial Court. Aggrieved by which, the present review petitioner filed a writ petition in Writ Petition No.103394/2023. The said writ petition was heard by this Court and considering the fact that in the original suit preferred by the plaintiff in O.S.No.118/2010, there was no relief or claim made against defendant No.8 the question of bringing legal heirs of defendant No.8 would not arise accordingly dismissed the writ petition.

(3.) The petitioner in writ petition is before this Court seeking to review the order on the ground that a similar writ petition came to be filed in WP.No.104426/2023 with regard to the same petitioner seeking to implead as legal heirs of deceased-defendant No.17 to be proper and necessary party in the suit. It is contended by learned counsel for the review petitioner that the said writ petition came to be allowed by this Court vide order dtd. 20/7/2023. He further contended that in the writ petition stated supra, the very same claim was made as against the defendant No.17 to bring on record the legal heirs of defendant No.17, they would make subsequent claim so made by plaintiff in O.S.No.118/2010, wherein he seeking a declaratory relief with regard to the plaintiff being the legal heir of one Smt.Nawaaz Khatu W/o. Dilerkhan Biradar Nawaab of Savanur. Therefore, the learned counsel contends that the issue being the same in subsequent writ petition which was allowed by this Court. He seeking an order of review of order passed by this Court in Writ Petition No.103394/2023 as this Court has permitted the legal heirs of deceased-defendant No.17 to be brought on record in the subsequent writ petition, which dismissed the application filed earlier to bring the legal heirs of defendant No.8 on record.