Smt Siddamma vs Syed Samiulla
2023 Latest Caselaw 6755 Kant

                                               -1-
                                                        NC: 2023:KHC:34634
                                                       CRP No. 151 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 23RD DAY OF SEPTEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                         CIVIL REVISION PETITION NO. 151 OF 2021 (SC)
                   BETWEEN:

                   SMT SIDDAMMA
                   W/O LATE SHRI GOVINDAIAH
                   SINCE DECEASED BY HER LR
                   SMT CHANDRAKALA
                   W/O SHRI CHANDRA MOHAN B P
                   D/O SIDDAMMA
                   PRESENT AGED 56 YEARS
                   R/O NO 93, 1ST MAIN
                   II CROSS, 5TH BLOCK
                   III STGE, BANASHANKARI
                   BENGALURU 560085.
                                                             ...PETITIONER
                   (BY SRI. SHANMUKHAPPA., ADVOCATE)

                   AND:
Digitally signed
by
DHANALAKSHMI       1.    SYED SAMIULLA
MURTHY
Location: High
                         S/O MIR DASTAGIR
Court of                 AGED ABOUT 68 YEARS
Karnataka                NO 135, 6TH PHASE, 1ST MAIN
                         WEST OF CHORD ROAD
                         BENGALURU 560044.

                         CARRYING ON BUSINESS IN
                         SHOP NO 16/2 AND 3
                         NO 35, 6TH PHASE, 1ST STAGE
                         1ST MAIN ROAD, WEST OF CHORD ROAD
                         BENGALURU-560044.
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                                             NC: 2023:KHC:34634
                                            CRP No. 151 of 2021




2.   SHRI UMESH GOWDA
     S/O LATE SHRI KEMPAIAH
     AGED ABOUT 53 YEARS
     NO 18, SUNKADIKATTE MAIN ROAD
     BENGALURU-560077.
                                                ...RESPONDENTS
(BY SRI. NAJARU SAVANUR., ADVOCATE FOR R1(ABSENT)
NOTICE TO R2 IS DISPENSED WITH
V/O DATED: 11.11.2021)


        THIS CRP IS FILED UNDER SECTION 18 OF SMALL
CAUSES COURT ACT., AGAINST THE JUDGMENT AND DECREE
DATED      3.04.2021    PASSED     ON   IA.NO.17     TO   19   IN
SC.NO.2344/2011 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE AND XXXIV ACMM., COURT OF SMALL CAUSES,
BENGALURU, DISMISSING THE IA.NO.17 TO 19 FILED UNDER
ORDER XXII RULE        3 OF CPC TO PERMIT HER TO CONME ON
HER RECORD.

        THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

1. This petition is filed by the petitioner, who is claiming

to be the legal representatives of plaintiff, Siddamma,

challenging the order dated 3.4.2021 passed by the IX

Addl. Small Causes and Addl. MACT, Bangalore on

I.A.No.17 to 19 in S.C.No.2344/2011 whereby the Trial

Court has rejected the said applications.

NC: 2023:KHC:34634 CRP No. 151 of 2021

2. During the pendency of the matter before the Trial

Court, the plaintiff-Siddamma died. Hence, the petitioner

herein, who claims to be legal representatives of the

deceased Siddamma filed I.A.No.17 to permit her to come

on record as legal representatives deceased Siddamma,

I.A.No.18 to condone delay and I.A.No.19 to set aside

abatement. The Trial Court by impugned order dated

3.4.2021 has dismissed the applications on the ground

that there is no sufficient documents to show that the

applicant is the legal representative of deceased

Siddamma. Being aggrieved by the same, the present

petition is filed before this Court.

3. The learned counsel for the petitioner has contended

that now the petitioner has filed an application under

Order 41 Rule 27 of CPC before this Court for production

of additional documents to prove that the petitioner herein

is the daughter of deceased Siddamma. He contended that

these documents were not produced before the Trial

Court.

NC: 2023:KHC:34634 CRP No. 151 of 2021

4. None appears for the respondents.

5. Heard the learned counsel for the petitioner. Perused

the impugned order.

6. Now the dispute is whether the petitioner herein is

the daughter of deceased Siddamma and that she is the

legal representatives of deceased Siddamma. The

petitioner has produced certain documents before this

Court by way of application for production of additional

documents.

7. Under the circumstances and in order to give on

more opportunity to the petitioner herein, this court is of

the opinion that the matter requires to be remanded to the

Trial Court to reconsider the applications i.e., I.A.Nos.17 to

19 afresh, reserving liberty to the parties to adduce

additional evidence and produce additional documents.

Hence, the following order is passed:

ORDER

a) The petition is allowed.

NC: 2023:KHC:34634 CRP No. 151 of 2021

b) The impugned order dated 3.4.2021 passed by the

IX Addl. Small Causes and Addl. MACT, Bangalore on

I.A.Nos.17 to 19 in S.C.No.2344/2011, is set aside.

c) The matter is remitted back to the Trial Court to

reconsider I.A.Nos.17 to 19 filed by the applicant-

petitioner herein.

d) The Trial Court after giving opportunities to the

parties to adduce additional evidence and produce

additional documents, shall pass appropriate orders

in accordance with law.

e) Office is directed to return the original documents

produced by the petitioner along with application,

forthwith, after retaining Photostat copies of the

same.

Sd/-

JUDGE

DM