Rashmi D/O. Ramrao Deshpande vs Ajayakumar A/F Balavantakumar ...
2024 Latest Caselaw 25559 Kant

Karnataka High Court

Rashmi D/O. Ramrao Deshpande vs Ajayakumar A/F Balavantakumar ... on 28 October, 2024

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                                                            NC: 2024:KHC-D:15776
                                                          WP No. 103109 of 2021




                               IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                          DATED THIS THE 28TH DAY OF OCTOBER, 2024
                                             BEFORE
                            THE HON'BLE MR. JUSTICE C.M. POONACHA
                          WRIT PETITION NO.103109 OF 2021 (GM-CPC)
                   BETWEEN:
                   RASHMI D/O. RAMRAO DESHPANDE,
                   AGE: 42 YEARS, OCC: STUDENT AND
                   AGRICULTURE, R/O: NAGRAL VILLAGE,
                   RON TALUKA, DISTRICT GADAG,
                   PRESENTLY AT 153, "GEETAPRABHU", 6TH CROSS,
                   VIJAYBANK COLONY, NEAR BSNL TELEPHONE
                   EXCHANGE, BEHIND IIMB BANNARAGHATTA,
                   BENGALURU - 560 076.
                                                                    ...PETITIONER
                   (BY SMT. RUKMINI PATIL, ADVOCATE FOR
                   SRI SRINIVAS B. NAIK, ADVOCATE)

                   AND:
                   AJAYAKUMAR A/F BALAVANTAKUMAR DESHPANDE,
                   AGE: 11 YEARS, OCC: STUDENT,
                   MINOR REPRESENTED BY NEXT FRIEND,
                   KRISHNAJI S/O. BABURAO DESHPANDE,
                   AGE: 45 YEARS, OCC: AGRICULTURE,
                   R/O: NAGARAL VILLAGE, RON TALUKA,
Digitally signed   DISTRICT: GADAG - 582 209.
by SAROJA
HANGARAKI                                                          ...RESPONDENT
Location: High
Court of           (BY MISS. TRUPTI P. SADEKAR, ADVOCATE FOR
Karnataka
                   SRI KAVYA C., AND SRI C.S.SHETTAR, ADVOCATES)

                         THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF
                   CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 13/8/2021
                   PASSED IN IA NO.22 IN O.S.NO.59/2015 ON THE FILE OF SENIOR
                   CIVIL JUDGE AND JMFC COURT, RON VIDE ANNEXURE -E IN THE
                   ENDS OF JUSTICE AND EQUITY AND ETC.,

                        THIS WRIT PETITION, COMING ON FOR PRELIMINARY
                   HEARING - B GROUP, THIS DAY, THE COURT MADE THE
                   FOLLOWING:
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                                               NC: 2024:KHC-D:15776
                                            WP No. 103109 of 2021




CORAM:       THE HON'BLE MR. JUSTICE C.M. POONACHA

                            ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

The present writ petition is filed challenging the order

dated 13.08.2021 passed on I.A No.XXII filed by the

plaintiff under Order XXII Rule 3 of the Code of Civil

Procedure, 19081 in O.S No.59/2015 on the file of Senior

Civil Judge & JMFC, Ron2, wherein, the said application

have been allowed.

2. Heard the submissions of learned counsel

Smt.Rukmini Patil for learned counsel Sri.Srinivas.B.Naik

for the petitioner and learned counsel

Miss.Trupti.P.Sadekar for learned counsel Smt.Kavya.C

and Sri.C.S.Shettar for the respondent.

3. The primary contention put forth by the learned

counsel for the petitioner is that, consequent to the death

of sole plaintiff, I.A No.XXII has been filed to bring on

hereinafter referred to as the 'CPC'

hereinafter referred to as the 'Trial Court'

NC: 2024:KHC-D:15776

record the legal representatives of deceased plaintiff, who

is stated to be the adoptive son of deceased plaintiff.

4. It is contended that the proposed plaintiff is

stated to be the adoptive son of deceased plaintiff and that

the petitioner who is arrayed as defendant No.16 in the

suit had filed objections to the said application denying the

said adoption. It is further contended that without ordering

for any enquiry, the Trial Court has allowed I.A No.XXII,

which order is erroneous and liable to be interfered with

by this Court.

5. Per contra, learned counsel for the respondent

submits that along with the application various documents

have been filed and all the procedures for adoption has

been valid. Hence, she contends that the order passed by

the Trial Court is just and proper.

6. It is relevant to note that the deceased plaintiff

filed a suit in O.S No.59/2015 for declaration and

injunction. It is further forthcoming that the original

NC: 2024:KHC-D:15776

plaintiff having deceased, her adopted son who was a

minor represented by his next friend was sought to be

brought on record. The said application in I.A.No.XXII was

objected to by defendant No.16 who is the petitioner

herein. Admittedly, no enquiry was conducted on

I.A.No.XXII. Without conducting any enquiry, the Trial

Court has allowed the said application which is ex-facie

erroneous and unsustainable in law. Hence, the relief

sought for in the writ petition is liable to be granted.

7. In view of the discussion made above, the

following:

ORDER

i. The petition is allowed;

ii. The order dated 13.08.2021 passed on

I.A.No.XXII in O.S.No.59/2015 by the Senior

Civil Judge and JMFC Court, Ron is set aside;

iii. The petitioner/defendant No.16 and the

respondent/plaintiff shall appear before the

NC: 2024:KHC-D:15776

Trial Court in the suit on the next date of

hearing i.e. 25.11.2024, consequent to which

the Trial Court shall conduct enquiry on

I.A.No.XXII and conduct such further

proceedings in accordance with law;

iv. All contentions of parties are left open.

SD/-

(C.M. POONACHA) JUDGE

PMP upto para 5 Sh, CT-ASC