VENUGOPAL Vs. ANANTHA

JUDGEMENT

(1.) The defendant Nos.1 to 5 filed the present writ petitions against the Order dated 11.09.2015 allowing I.A.No.5 filed by the impleading applicants under Order XXII Rule 3 of Code of Civil Procedure and Order dated 19.02.2018 allowing I.A.No.8 filed under Order VI Rule 17 of Code of Civil Procedure for amendment, made in O.S.No.4485/2014 on the file of the VII Addl. City Civil and Sessions Judge, Bengaluru, (CCH-19).

(2.) The original plaintiffs filed suit for declaration that the plaintiffs are the absolute owners by title and possession and enjoyment of suit schedule properties, for cancellation of gift deeds, for permanent injunction to restrain the defendants from alienating/encumbering the suit schedule properties in favour of third parties, etc., as set out in detail in the prayer to the suit, raising various contentions.

(3.) The defendants filed written statement, denied the plaint averments and contended that they are in possession of the suit schedule properties based on the registered gift deeds said to have been executed by the plaintiffs. During pendency of the suit, first plaintiff died on 22.04.2015. Therefore, the applicants filed an application under Order XXII Rule 3 of Code of Civil Procedure to come on record as plaintiff Nos.1(a) to 1(d) on the ground that they are the legatees under the registered Will dated 23.10.2014 and also they are the legal representatives of the first plaintiff. The said application was not opposed by any of the parties, including defendant Nos.2 and 3.