Karnataka High Court
Smt. N. Gajalakshmi vs Sri. N. Nagaraju on 24 May, 2023
Bench: S.R.Krishna Kumar
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WP No. 18232 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 18232 OF 2022 (GM-CPC)
BETWEEN:
SMT. N. GAJALAKSHMI
W/O LATE L C SATHISHA,
AGED ABOUT 41 YEARS,
R/AT NO.1485/1,
ARAVINDANAGAR, KAMMANAHALLI,
BANGALORE-560 084.
...PETITIONER
(BY SRI. SUNIL S. RAO.,ADVOCATE)
AND:
1. SRI. N. NAGARAJU
S/O LATE SRI B NARASIMHA REDDY,
AGED ABOUT 56 YEARS,
R/AT NO.55/1, 13TH CROSS, 4TH MAIN,
MALLESHWARAM, BANGALORE-560 003.
2. SMT JAYALAKSHMI R
W/O LATE SRI N RADHAKARISHNA REDDY,
Digitally signed AGED ABOUT 75 YEARS,
by VANDANA S R/AT NO.55/1,13TH CROSS, 4TH MAIN,
Location: High MALLESHWARAM, BANGALORE-560 003.
Court of
Karnataka 3. SMT SARALA
W/O LATE T GOPALAKRISHNA,
AGED ABOUT 55 YEARS,
W/O NAGARAJ
R/AT PLOT NO.302,NO.55,
13TH CROSS, 4TH MAIN,
MALLESHWARAM, BANGALORE-560 003.
4. SMT PREMA
S/O LATE SUBRAMANI REDDY,
AGED ABOUT 52 YEARS,
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WP No. 18232 of 2022
5. SRI NAVEEN
S/O LATE SUBRAMANI REDDY,
AGED ABOUT 33 YEARS,
6. SMT SHILPA
D/O LATE SUBRAMANI REDDY,
AGED ABOUT 31 YEARS,
R/AT SATHYA CORNATION APARTMENTS,
NO.8, 9 AND 10, SATHYA ENCLAVE,
HENNUR MAIN ROAD, GEDDALAHALLI,
BENGALURU-560 043.
7. SMT SUSHEELA
W/O SRI CHINNASWAMY REDDY,
AGED ABOUT 60 YEARS,
R/AT OPP TO BEHTHNEY SCHOOL,
AUDUGODI POST, KORAMANGALA,
BENGALURU-560 030.
8. SMT RAJESHWARI
W/O SRI S JAYARAMAREDDY,
AGED ABOUT 54 YEARS,
R/AT 15/1, SUBBAIAH REDDY ROAD,
ULSOOR, BENGALURU-560 008.
9. SMT GEETHA
W/O SRI C M MOHANRAM REDDY ,
AGED ABOUT 49 YEARS,
R/AT NO.55/1,13TH CROSS,
4TH MAIN, MALLESHWARAM,
BENGALURU-560 003.
...RESPONDENTS
(BY SRI. RAJADITHYA SADASIVAN, ADVOCATE FOR C/R-1
SRI. G.A. MITHUN, ADVOCATE FOR C/R-2
VIDE ORDER DATED:15.11.2022 NOTICE TO R-3, R-4 & R-6 IS
D/W AND NOTICE TO R-8 & R-9 IS HELD SUFFICIENT
R-5 & R-7 ARE SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION
OF INDIA PRAYING TO QUASH OF THE IMPUGNED ORDER DTD.3.9.2022
ONE PASSED BY THE XXII ADDL CITY CIVIL AND SESSIONS JUDGE
BENGALURU ON IA NO.24 IN O.S.NO.2055/2007 FOUND AT ANNEXURE-J
TO THE W.P. AND FURTHER PASS AN APPROPRIATE ORDER TO ALLOW
THE SAID APPLICATION ONE FILE BY THE PETITIONER HEREIN FOR
APPOINTMENT OF NEXT FRIEND.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
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WP No. 18232 of 2022
ORDER
This petition is directed against the impugned order dated
03.09.2022 passed on I.A.No.24 in O.S.No.2055/2007 c/w
O.S.No.2627/2007 on the file of XXII Addl.City Civil and Sessions
Judge, Bangalore, whereby the said application filed under Order
32 Rule 4 r/w Section 151 CPC by the petitioner - 6th defendant for
permission / leave in her favour to be represented by her husband
L.C.Sathisha as her next friend in the suit and to defend the suit on
her behalf and to protect her interest has been rejected by the trial
court.
2. Heard learned counsel for the petitioner and learned
counsel for respondents 1 and 2 and perused the material on
record.
3. After arguing the matter at considerable length of time, on
instructions, learned counsel for the petitioner submits that if all
rival contentions on all aspects of the matter including the
contentions urged in I.A.No.24 are kept open to be decided by the
trial court at the time of final disposal of the suit, petitioner would
withdraw I.A.No.24 and necessary directions in this regard are to
be issued to the trial court to proceed further without being
WP No. 18232 of 2022
influenced by the findings and observations recorded in the
impugned order.
4. Per contra, learned counsel for the respondents 1 and 2
would oppose the said submission and contended that the trial
court having drawn an adverse inference, the petitioner would not
be entitled to wriggle out of the same by seeking permission to
withdraw the said application at this belated stage and
consequently, the impugned order does not suffer from any
illegality or infirmity warranting interference by this Court and the
writ petition is liable to be dismissed.
5. A perusal of the material on record including the
impugned order will clearly indicate that there are several
contentious issues and disputed / complicated questions of fact
and law that arise for consideration between the parties on various
aspects of the matter including the mental health, infirmity etc., of
the petitioner - 6th defendant, which would necessarily have to be
decided by the trial court at the time of final disposal of the suit.
Under these circumstances, without expressing any opinion on the
merits / demerits of the rival contentions of all the parties on all the
issues including the issue / question as regards the alleged mental
WP No. 18232 of 2022
health or infirmity etc., of the petitioner - 6th defendant, I deem it
just and appropriate to dispose of this petition by setting aside the
impugned order in view of withdrawal of the application I.A.No.24
by the petitioner and by directing the trial court to adjudicate upon
all issues including the issue relating to the alleged mental health,
infirmity etc., at the time of final disposal of the suit, bearing in mind
the material on record available before the trial court in relation to
the alleged mental health of the petitioner including the report
submitted by NIMHANS to this Court in accordance with law. All
rival contentions on all aspects of the matter are kept open and no
opinion is expressed on the same. Registry is directed to transmit
all the reports available before this Court to the trial court for
consideration in accordance with law forthwith.
It is made clear that since recording of evidence has been
completed, this order will not enable any of the parties including the
petitioner and respondents to lead further evidence. Since the
matter is posted before the trial court on 06.06.2023 for final
arguments, the trial court is directed to proceed further in the
matter and hear final arguments and pass judgment within a period
of three months from 06.06.2023.
WP No. 18232 of 2022
6. Subject to the aforesaid directions, petition stands
disposed of and ordered accordingly.
Sd/-
JUDGE
Srl.
