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2025 DIGILAW 1298 (KAR)

Jyothi Wife Of Late Narayanappa v. Ramakrishnappa, Son Of Late Chikkappaiah

2025-11-20

PRADEEP SINGH YERUR

body2025
ORDER : PRADEEP SINGH YERUR, J. Heard learned counsel for petitioners and learned counsel for respondents. 2. Parties to the petitions shall be referred to as per their status before the trial Court. 3. W.P.No.28833/2025 is filed by the petitioners-defendant Nos.2 to 4 seeking following relief: "WHEREFORE, the petitioner prays that this Hon'ble Court be pleased to issue a Writ of Mandamus and direct the Hon'ble Senior Civil Judge and JMFC, Hosakote to dispose of Interlocutory application filed under Order 1 rule 10(2) of Code of Civil Procedure, 1908 in OS no.1130 of 2022 (Annexure C) expeditiously, in the interest of justice and equity." 4. W.P.No.14870/2025 is filed by the petitioners-defendant Nos.1, 5 to 7 seeking following reliefs: "Wherefore, the petitioners herein pray that this Hon'ble court be pleased to issue a writ or order or orders by granting the following relief/s: a) Issue a writ of mandamus to the learned judge of the trial court to cause notice on the impleading application filed under order I Rule 10 (2) read with section 151 of the CPC filed by the petitioners herein in O.S.No.1130/2022 (old 1231/13) and to provide opportunity to the proposed defendants to contest on the said application produced at Annexure 'E', and consequently, b) Grant such other relief of relief/s as the situation so demands by molding suitable and appropriate relief/s by allowing this writ petition, in the interest of justice and equity." 5. In O.S.No.1130/2022, vide order dated 07.12.2024, the trial Court recorded the application filed under Order I Rule 10(2) read with Section 151 of CPC by defendant Nos.1, 5 to 7 and posted the matter for objections to the said application, to which plaintiff No.2 and defendant Nos.2 to 4 have already filed their objections. 6. It is the contention of the learned counsel for petitioners in W.P.No.14870/2025 that the trial Court has committed a procedural error in notifying for objections on the application filed by defendant Nos.1, 5 to 7, whereby, they have sought to implead the applicants to the suit proceedings as co-defendants by making certain averments against them in the said application. The procedural defect is questioned before this Court. The trial Court has proceeded to pass an order for objections to the said application rather than issuing notice to the applicants on the said application filed under Order I Rule10(2) read with Section 151 of CPC. 7. The procedural defect is questioned before this Court. The trial Court has proceeded to pass an order for objections to the said application rather than issuing notice to the applicants on the said application filed under Order I Rule10(2) read with Section 151 of CPC. 7. Learned counsel for petitioners in W.P.No.14870/2025 further contends that the trial Court ought to have issued notice to the impleading applicants instead of passing an order for objections to the application and the same has already been filed by plaintiff No.2 as well as defendant Nos.2 to 4. 8. In my opinion, the procedure followed by the trial Court is not correct for the reason that, though objections have already been filed by plaintiff No.2 and defendant Nos.2 to 4, the impleading applicants will have to be heard and they also will have to be provided an opportunity to file objections first, thereafter, the application would have to be heard, once for all if all objections have been filed by the concerned parties, namely the plaintiffs, co-defendants and impleading applicants, which is not done in the present case. 9. Under the circumstance, the matter will have to be remitted back to the trial Court for issuance of notice to the impleading applicants on the application (Annexure-E in W.P.No.14870/2025) filed under Order I Rule 10(2) read with Section 151 of CPC by defendant Nos.1, 5 to 7 and thereafter, provide an opportunity to the impleading applicants to file their objections. 10. In view of plaintiff No.2 and defendant Nos.2 to 4 having already filed objections, they are at liberty to file additional objections if any required to the said application and the trial Court is at liberty to hear the application and pass a suitable order on the merits. 11. In W.P.No.28833/2025, the petitioners-defendant Nos.2 to 4 are seeking a direction to the Senior Civil Judge and JMFC, Hosakote to dispose of interlocutory application filed under Order I Rule 10(2) of CPC in O.S.No.1130/2022 expeditiously, wherein they sought deletion of themselves from the suit proceedings. 12. It is submitted that the plaintiffs have expressed 'no objection' to the application of defendant Nos. 2 to 4 to be deleted, whereas defendant Nos.1, 5 to 7 have not filed their objections to the said application. 13. 12. It is submitted that the plaintiffs have expressed 'no objection' to the application of defendant Nos. 2 to 4 to be deleted, whereas defendant Nos.1, 5 to 7 have not filed their objections to the said application. 13. Learned counsel for defendant Nos.1, 5 to 7 objects to the deletion of defendant Nos.2 to 4 by contending that they would be necessary and proper parties in the suit proceedings and be given liberty to file objections to the said application. 14. In view of this Court disposing of W.P.No.14870/2025, the connected petition, W.P.No.28833/2025 also automatically stands disposed of by a direction to the trial Court to dispose of the interlocutory application filed under Order I Rule 10(2) of CPC (Annexure-C in W.P.No.28833/2025), expeditiously. 15. Accordingly, I pass the following: ORDER i. W.P.No.28833/2025 is allowed ii. A direction is issued to the Senior Civil Judge and JMFC, Hosakote to dispose of interlocutory application filed under Order I Rule 10(2) of CPC by defendant Nos.2 to 4 in O.S.No.1130/2022 (Annexure-C in W.P.No.28833/2025) expeditiously; iii. The trial Court shall provide an opportunity to defendant Nos.1, 5 to 7 to file their objections to the said application and thereafter, to dispose of the matter within a reasonable time; iv. W.P.No.14870/2025 is allowed v. The matter is remitted back to the Senior Civil Judge and JMFC, Hosakote to issue notice to the impleading applicants on I.A. filed under Order I Rule 10(2) read with Section 151 of CPC by defendant Nos.1, 5 to 7 (Annexure-E in W.P.No.14870/2025) and provide an opportunity to file objections to the plaintiffs as well as the co-defendants, if so advised and thereafter, hear the application and pass suitable orders in accordance with law; vi. It is made clear that this Court has not expressed any opinion on merits of the matters; vii. It is made clear that the trial Court shall dispose of I.A. filed by defendant Nos.2 to 4 under Order I Rule 10(2) of CPC (Annexure-C in W.P.No.28833/2025) without awaiting service of notice on the impleading applicants in the I.A. preferred by defendant Nos.1 and 5 to 7 (Annexure-E in W.P.No.14870/2025). Ordered accordingly.