Karnataka High Court
Smt. R Padma vs T V Irshad Ahmed on 21 September, 2022
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
R.F.A.No.773/2010(SP)
C/W R.F.A.NO.774/2010(EJE)
IN R.F.A.No.773/2010
BETWEEN
SMT. R PADMA
W/O SRI P NAGARAJ
AGED ABOUT 60 YEARS
R/AT NO.32, 1ST FLOOR
6TH CROSS, THOMAS TOWN
BANGALORE-560 005
...APPELLANT
(BY SRI N.DEVADASS, SR. COUNSEL FOR
SRI K S ANASUYA DEVI, ADVOCATE)
AND
1. SRI T V IRSHAD AHMED
S/O LATE T V MOHAMMED BASHEER
AGE: 49 YEARS
R/AT 32/8, SPENCER ROAD
PULIKESHI NAGAR
FRAZER TOWN,
BANGALORE-560 005
2. SMT. NALINI
W/O SRI R SRIKANTA
AGE: 42 YEARS
R/AT NO.115, COLES ROAD
2
PULIKESHI NAGAR
FRAZER TOWN,
BANGALORE-560 005
...RESPONDENTS
(BY SRI M SHIVAPRAKASH, ADVOCATE FOR R1;
R2 -SERVED)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE
DATED 11.2.2010 PASSED IN O.S.NO.1420/1996 ON THE
FILE OF THE XXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE, DECREEING THE SUIT FOR SPECIFIC
PERFORMANCE.
IN R.F.A.NO.774/2010
BETWEEN
SMT R PADMA
W/O SRI P NAGARAJ
AGED ABOUT 60 YEARS
R/AT NO.32, 1ST FLOOR, 6TH CROSS,
THOMAS TOWN
BANGALORE-560 005
...APPELLANT
(BY SRI N.DEVADASS, SR. COUNSEL FOR
SMT.K S ANASUYA DEVI, ADVOCATE)
AND
SRI T IRSHAD AHMED
S/O LATE T V MOHAMMED BASHEER
AGE 49 YEARS
R/AT 32/8, SPENCER ROAD
PULIKESHI NAGAR,
FRAZER TOWN
BANGALORE-560 005
...RESPONDENT
(BY SRI M SHIVAPRAKASH, ADVOCATE)
3
THIS RFA IS FILED U/S 96 R/W ORDER 41 RULE 1 OF
CPC, AGAINST THE JUDGMENT AND DECREE DATED
11.02.2010 PASSED IN O.S.NO.2101/2005 ON THE FILE OF
THE XXV ADDL. CITY CIVIL JUDGE, BANGALORE,
DISMISSING THE SUIT FOR EJECTMENT.
THESE APPEALS COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Application filed by Sri Shivaprakash M, contesting
respondent No.1 under Order 1 Rule 10 CPC to implead Smt.
Padma appellant as Co-defendant in the suit.
2. Learned counsel appearing for the appellant
submits that I.A., may be allowed. Proposed defendant Smt.
Padma is none other than the appellant. She is to be
impleaded as second defendant in the suit before Trial Court.
3. Placing the submission of counsel for appellant on
record, I.A., is allowed. Necessary amendment to be carried
out in the plaint by the counsel for contesting
respondent/plaintiff forthwith and file amended plaint in the
due course with copy to appellant.
4. Appeal is filed by non party to the suit i.e., Smt.
Padma, who is now sought to be impleaded as second
defendant. A chance is to be provided for Smt.Padma to
contest the suits on merits by filing necessary written
statement and leading evidence.
5. Accordingly, the impugned judgment would not
survive for further consideration and matter needs to be
adjudicated afresh in accordance with law after taking written
statement on record. As such, it is needless to emphasize
that impugned judgment needs to be set aside and matter
needs to be remitted to the Trial Court for fresh disposal in
accordance with law.
Hence, following :
ORDER
Appeals are allowed.
Impugned judgments passed in both the suits are
hereby set-aside.
The matter is remitted to the Trial Court for fresh
disposal in accordance with law.
The appellant who is now impleaded as second
defendant in the suits shall file the written statement on the
very same day of her appearance.
Parties shall appear before the Trial Court without
further notice positively on 15th of October 2022.
Thereafter, the Trial Court shall conclude the
proceedings before end of January, 2023.
Needless to emphasize that parties shall cooperate for
early disposal of the suits. All contentions of the parties are
kept open on merits.
Sd/-
JUDGE
MR
