Smt Shanthakumari vs Smt R Premavathi Pavani
2022 Latest Caselaw 13052 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF NOVEMBER 2022

                       PRESENT

THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE

                         AND

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

        WRIT APPEAL NO.541 OF 2022 (SC-ST)

BETWEEN:

1.    SMT.SHANTHAKUMARI
      W/O LATE R DHARMASADHAKA
      AGED ABOUT 76 YEARS

2.    SMT.SHOBHINI
      D/O LATE R DHARMASADHAKA
      AGED ABOUT 54 YEARS

3.    ARAVINDA R D
      S/O LATE R DHARMASADHAKA
      AGED ABOUT 51 YEARS

4.    SMT DIVYA CHARITHA
      D/O LATE R DHARMASADHAKA
      AGED ABOUT 49 YEARS

      ALL ARE RESIDING AT NO.72, 3RD CROSS
      CR LAYOUT, J P NAGAR , I PHASE
      BENGALURU - 560 078
                                        ...APPELLANTS

(BY SRI. Y. T.ABHINAY, ADVOCATE)
                         -2-




AND:

1 . SMT. R PREMAVATHI PAVANI
    W/O LATE KRISHNAMURTHY
    AGED ABOUT 71 YEARS
    AND RESIDING AT NO.15
    RESERVOIR STREET, BASAVANAGUDI
    BENGALURU - 560 004

2 . THE DEPUTY COMMISSIONER
    BANGALORE DISTRICT
    BANGALORE - 560001

3 . THE ASSISTANT COMMISSIONER
    BANGALORE SOUTH SUB DIVISION
    BANGALORE - 560001

4 . RAMANAJAPPA
    S/O LATE CHIKKAMUNIYAPPA
    AGED ABOUT 73 YEARS

5 . NARAYANAPPA
    S/O LATE CHIKKAMUNIYAPPA
    AGED ABOUT 71 YEARS

6 . SMT. NAGARATHNAMMA
    D/O LATE CHIKKAMUNIYAPPA
    AGED ABOUT 69 YEARS

7 . H P THIMMAREDDY
    S/O LATE H T PILLA REDDY, MAJOR

   RESPONDENT 4 TO 7 ARE
   RESIDING AT HULIMANGALA VILLAGE
   JIGANI HOBLI, ANEKAL TALUK
   BENGALURU- 560 165
                                  ...RESPONDENTS

(BY SMT.PRAMILA NESARGI, SENIOR ADVOCATE FOR
    SMT.BINDU U, ADVOCATE FOR R-1;
                           -3-




   SMT.PRATHIMA HONNAPURA, AGA FOR R2 & R3;
   R-4 TO R-7 ARE SERVED AND UNREPRESENTED)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
SET ASIDE THE ORDER DATED 15/06/2022 PASSED ON IA
NO.1 TO 3 IN WRIT PETITION NO. 46371/2013 (SC-ST)
PASSED BY THE SINGLE JUDGE OF THIS HON'BLE COURT
AND CONSEQUENTIALLY DISMISS IA NOS.1 TO 3 OF
2022.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, DELIVERED THE
FOLLOWING:

                     JUDGMENT

The present appeal is filed by the petitioners

being aggrieved by the order dated 15.6.2022 passed

by the learned Single Judge in W.P.No.46371/2013 on

the interim applications-I.A Nos.1 to 3 of 2022, filed

by respondent No.1 herein.

2. Learned counsel for the appellants submits

that the applications were filed by respondent No.1

for impleading her in the proceedings. Copies of the

said applications are placed on record.

3. A perusal of the copies of the applications

placed on record show that the applications were filed

under Order XXII Rule 1 r/w. Section 151 of Code of

Civil Procedure r/w. Article 226 of the Constitution of

India wherein the applicant prayed for her

participation in the proceedings as legal

representative of the original petitioner.

4. Counsel for the appellants/applicants in I.A.4

to 6 of 2022 vehemently submitted before the learned

Single Judge that the applicants are having no

objection for allowing the application but the applicant

in I.A.1 to 3, i.e. respondent No.1 be added or

arrayed as an additional respondent. It was also the

submission of the learned counsel for the appellants

that in view of the facts stated by the applicant in the

affidavit supporting the applications, the applicant

could not have been treated as a legal representative

of the original petitioner in the writ petition but the

applicant could only be treated as an additional

respondent.

5. Learned counsel appearing for respondent

No.1 herein submits before this Court that respondent

No.1 is having no objection to be arrayed as an

additional respondent in the writ petition.

6. As respondent No.1 is not raising any

objection to add her as an additional respondent and

for that the appellants was also ready, as such,

accepting the submission of the learned counsel

appearing for respondent No.1, the grievance raised

by the appellants, now, no more survives.

In view of the above referred facts, respondent

No.1 be added as an additional respondent No.7 in

the writ petition.

The appeal is accordingly disposed of and the

impugned order of the learned Single Judge is

modified to that effect.

In view of the disposal of the appeal, pending

applications in this appeal do not survive for

consideration and are accordingly, disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE rs