KARIYA Vs. PUSPALATHA

JUDGEMENT

(1.) The petitioners/defendants No.1 and 2 in O.S.No.6014/2011 on the file of the XI Additional City Civil Judge at Bangalore are before this Court under Article 227 of the Constitution of India, aggrieved by the order dtd. 19/7/2023 wherein the learned trial Judge passed the following order:

(2.) Heard the learned Senior counsel Sri.Suresh S. Lokre for Sri.Byregowda, learned counsel for petitioners. Perused the writ petition papers.

(3.) Learned Senior Counsel for the petitioners would submit that the trial Court committed an error in providing an opportunity to the plaintiff to array her daughter as one of the parties to the proceedings when the matter was at the stage of judgment. Learned Senior counsel would submit that the trial Court ought to have proceeded to pass the judgment on its merits when issue No.4 with regard to maintainability of suit for want of necessary parties was framed. Learned trial judge ought to have proceeded to pass the judgment on the material already available on record. Thus, learned Senior Counsel would submit that by setting aside the order dtd. 19/7/2023, learned trial judge be directed to pass the judgment on the records as available as on this date. Thus, he prays for allowing the writ petition.