IRAPAWWA ALIAS IRAWWA Vs. CHANNABASAWWA

JUDGEMENT

(1.) THE petitioners in these petitions have called in question the orders passed by the Civil Judge (Senior Division) and C. J. M. , Haveri (for short, "trial Court"), on LA. Nos. 6 and 7 in O. S. No. 113 of 2000, dated 6-12-2003, whereby the Trial Court has allowed the said applications for transposing the respondent 3 (defendant 7 in the Trial Court) as co-plaintiff and for amendment of the plaint.

(2.) THE 1st respondent is the plaintiff, the petitioners are defendants 1 to 5 and respondents 2 and 3 are defendants 6 and 7 in the said suit. For the sake of convenience parties are referred to in their respective ranks before the Trial Court.

(3.) THE plaintiff filed the said suit for declaration that the registered sale deed executed by the 6th defendant in favour of the husband of the petitioner 1 and father of petitioners 2 to 5 as null and void and for permanent injunction. In the plaint it is contended that the husband of the plaintiff and father of the 7th defendant are brothers and that her husband died in the year 1968 leaving behind her as the sole heir. Likewise, father of the 7th defendant died in the year 1987 leaving behind 7th defendant as his heir and legal representative. It is alleged that the 6th created a power of attorney dated 15-4-1993 in his favour. Thereafter, he has executed a sale deed in respect of her share in the suit schedule property in favour of the husband of respondent 1 and father of respondents 2 to 5.