SHILPA Vs. Y. VIJAYAKUMAR

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 29/10/2022 passed in O.S.No.229/2021 by the Senior Civil Judge and JMFC, Malur (for short, 'the trial Court') whereby, the application (I.A.No.3) under Order I Rule 10(2) read with Sec. 151 of the Code of Civil Procedure, 1908 filed by the petitioner-impleading applicant seeking impleadment as an additional defendant to the suit was rejected by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the respondent Nos.1 and 2 - plaintiffs instituted the aforesaid suit against the respondent Nos.3 and 4 - defendants for partition and separate possession of their alleged share in the suit schedule immovable properties and other reliefs. During the pendency of the said suit, the petitioner herein filed the instant application (I.A.No.3) seeking impleadment inter alia contending that apart from the fact that she was the foster daughter of the defendant No.1, the petitioner's biological mother - Smt. Gowramma was allotted two items viz., Item Nos.1 and 2 of suit schedule properties in a compromise entered into between the said Smt. Gowramma and others in O.S.No.116/2017 and consequently, the alleged right, title, interest and possession of the petitioner would be affected by any judgment, decree or order to be passed in the present suit and as such, the petitioner was both a proper and necessary party to the present petition. The said application having been opposed by the respondent Nos.1 and 2-plaintiffs, the trial Court proceeded to pass the impugned order rejecting the application on the ground that the petitioner had not produced any material to establish her alleged right over the suit schedule properties and consequently, she was neither a proper nor necessary party to the present suit. Aggrieved by the impugned order passed by the trial Court rejecting I.A.No.3, the petitioner is before this Court by way of the present petition.