SMT SARVAMMA Vs. VIRUPAKSHAPPA U R

JUDGEMENT

(1.) This writ petition is filed seeking to set aside order dated 9.7.2015 passed on the application filed under Order XXII, Rule 3 of CPC in FDP No.32/2003 by the II Additional Civil Judge (Jr. Dn.), Tumkur.

(2.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents.

(3.) Learned counsel for the petitioners during the course of the arguments made submission that the respondents herein filed an application claiming that they are the legal representatives of the deceased petitioner in FDP No.32/2003. The said application was objected by the petitioners herein by filing objection statement. In spite of that, the FDP Court relying upon the death extract of the deceased petitioner and without holding any enquiry, has allowed the application and hence, the learned counsel submitted that holding of the enquiry was necessary in the matter and without doing enquiry, the Court below cannot pass such orders. In this connection, the learned counsel for the petitioners has relied upon the decision in case of Karedla Parthasaradhi v. Gangula Ramanamma (D) through LRs. and others, 2015 AIR(SC) 891 and made submission that the order impugned is illegal and not sustainable in law.