TIPPAWWA Vs. LAGAMAWWA

JUDGEMENT

(1.) Sri.Sudarshan.M., learned counsel for the petitioners has appeared through video conferencing. Sri.R.J.Bhusare., learned counsel for respondents 1 to 5 has appeared in person.

(2.) For the sake of convenience, the parties are referred to as per their ranking and status before the Trial Court.

(3.) The brief facts are these: The plaintiff Smt.Lagamawwa filed a suit for partition and separate possession claiming her share in O.S.No.221/2012 on the file of Civil Judge, Shorapur. After service of summons, defendants appeared through their counsel and filed written statements denying the plaint averments. During the pendency of the suit, the original plaintiff Smt.Lagamawwa died. Accordingly, an application under Order 22 Rule 3 of the Civil Procedure Code was filed to bring the proposed legal representatives of the deceased plaintiff on record. The application was objected to by the defendants on the ground that the proposed legal representatives are not the legal representatives of deceased plaintiff Smt.Lagamawwa since she died issueless. They also contended that the proposed legal representatives are no way related to the deceased plaintiff Smt.Lagamawwa. Hence, they prayed for the dismissal of the application. The Trial Court order dtd. 7/3/2019 allowed the application and consequently the proposed legal representatives of the deceased plaintiff were impleaded as parties to the suit. This order is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.