L G GANESHA Vs. BASAVARAJ G PATIL

JUDGEMENT

(1.) The legal representatives of sole defendant have filed the present writ petition against the order dated 16.07.2015 rejecting I.A.No.22 filed under Order XXII Rule 3 and 4 r/w Section 151 of the Code of Civil Procedure, made in O.S.No.30/2010 on the file of the Senior Civil Judge & JMFC, Channagiri.

(2.) The respondent Nos.1 and 2/plaintiffs filed suit for declaration and permanent injunction contending that they are the owners of the suit schedule property by virtue of Exchange Deed dated 21.03.2003 and Wills dated 08.01.1994 and 24.03.2003, etc. The defendant denied the plaint averments and contended that the suit filed by the plaintiffs is not maintainable, plaintiffs have no locus standi to file the suit on the basis of the alleged Will as the same is concocted, etc and prayed for dismissal of the suit. When the matter was posted for arguments, the sole defendant/Smt.Gouramma died. Therefore, the petitioners herein filed an application to come on record as legal representatives of deceased defendant claiming that they are the foster son, brothers and sisters of deceased defendant/late Gouramma who died on 30.01.2015 and they are proper and necessary parties to the proceedings.

(3.) The said application was resisted by the plaintiffs disputing the relationship of the applicants with the deceased defendant and specifically contended that no documents are produced to prove that the 1st applicant is the adopted son, 1st applicant was not residing with the deceased defendant and she had no legal representatives at all. Therefore, sought for dismissal of the application.