LILA Vs. YELLAKKA

JUDGEMENT

(1.) This writ petition is directed against the impugned order on I.A. No. XLVIII dtd. 2/1/2023 passed in O.S. No. 1/2007 by the learned Senior Civil Judge, Yellapur, sitting at Mundgod whereby the said application filed by the petitioner-defendants No.16(a) to (c) seeking impleadment of additional defendants, was rejected.

(2.) The material on record discloses that the respondent/ plaintiff instituted the aforesaid suit for partition and separate possession of her alleged share in the suit schedule property and for other reliefs. In the said suit, the petitioner herein was arrayed as defendant No.16 and upon his demise during the pendency of the suit the petitioners herein were brought on record as his legal representatives as defendants no.16(a) to (c). At the stage of arguments, the petitioners moved the instant application seeking amendment of the written statement by taking up a contention that certain purchasers in relation to the suit schedule property were both proper and necessary parties to the suit and that necessary amendment in this regard is to be incorporated in the written statement of the petitioners. The said application having opposed by the respondent/ plaintiff, the trial Court proceeded to reject the application on the ground that the petitioners do not have locus standi, aggrieved by which the petitioners are before this Court by way of the present writ petition.

(3.) A perusal of the material on record including the impugned order will indicate that the matter was set down for final arguments at which stage the present application was filed. Further vide order dtd. 10/1/2023 in W.P. No. 100152/2023, this Court had directed expeditious disposal of the suit. Under these circumstances, though the trial Court has assigned certain reasons to reject the application, without going into the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this writ petition without interfering with the impugned order, but however permitting the petitioners to raise the plea with regard to non joinder or misjoinder of parties as urged by them in the application.