- 1 - NC: 2025:KHC-D:4117 WP No. 103212 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103212 OF 2022 (GM-CPC) BETWEEN: 1. MAHANTAMMA W/O MAHANTESH HOOLE, AGE. 68 YEARS, OCC. HOUSEWIFE, R/O. ILKAL, TQ. HUNGUND, DIST. BAGLAKOT-587 118. 2. SHARANAMMA W/O SHIVANAND, AGE. 66 YEARS, OCC. HOUSEWIFE, R/O. ATHANI, NOW AT HUNGUND, DIST. BAGALKOT-587 118. 3. BASAMMA ALIAS PRATIBA W/O PRAKASH, AGE. 63 YEARS, OCC. HOUSEWIFE, R/O. C/O. VEERABHADRAPPA VEERASANGAPPA, SHIVAPPA HAMPANAGOUDRA HUNGUND, DIST. BAGALKOT-587 118. 4. VEERABHADRAPPA VEERASANGAPPA HAMPANAGOUDRA, AGE. 51 YEARS, OCC. NILL, R/O. C/O. VEERASANGAPPA SHIVAPPA HAMPANAGOUDRA HUNGUND, NEAR IB, DIST. BAGLAKOT-587 118. …PETITIONERS (BY SRI. S.B.HEBBALLI., ADVOCATE) AND: 1. SMT. ANNAPURNA W/O RAMALINGAPPA, BEVINAMATTI, SINCE DECEASED BY HER LRS., Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4117 WP No. 103212 of 2022 VINOD S/O SANGAPPA BARIGIDAD, AGE: 59 YEARS, OCC: PRIVATE WORK, R/O: ILKAL, DIST:BAGALKOT-587 118. …RESPONDENT (SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.B.Hebballi., counsel for the petitioners has appeared in person. 2. Notice to the respondent was ordered on 25.08.2022. A perusal of the office note depicts that the respondent is served and unrepresented. The respondent has neither engaged the services of an advocate nor conducted the case as a party in person. 3. The Order dated 12.11.2021 passed by the Court of the Addl. Civil Judge and JMFC, Hungund on I.A.No.16 in O.S.No.200/2009 is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition. - 3 - NC: 2025:KHC-D:4117 WP No. 103212 of 2022 4. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 5. Suffice to note that one Ramalingappa and Annapurna filed a suit seeking the relief of declaration and injunction. During the pendency of the suit, the second plaintiff Smt.Annapurna died. It is noticed that one Mr.Vinod claiming himself to be the legal heir of deceased Annapurna moved an application in (I.A.No.16) to come on record as legal representative of plaintiff No.2. The defendants objected to the same. However, the trial Court allowed the application. The order of the Trial Court is furnished along with the Writ Petition and the same is marked as Annexure-F. A perusal of the same reflects that except for saying that in the interest of justice, it is necessary to allow the said application, the reasons are accorded to allow the application. Moreover, the Trial Court has not adhered to Order 22 Rule 5 of CPC. I may venture to say that the Trial Court has failed to have regard to the relevant considerations and disregarded relevant matters. Hence, this Court deems it appropriate to set aside the impugned order. - 4 - NC: 2025:KHC-D:4117 WP No. 103212 of 2022 6. The Writ of Certiorari is ordered. The Order dated 12.11.2021 passed by the Court of the Addl. Civil Judge and JMFC, Hungund on I.A.No.16 in O.S.No.200/2009 vide Annexure-F is quashed. 7. Resultantly, the Writ petition is allowed. A direction is issued to the Trial Court to strictly adhere to the provisions of CPC i.e., Order 22 Rule 5 and reconsider the application afresh and determine the question of legal representative of deceased plaintiff No.2, following law. Sd/- (JYOTI MULIMANI) JUDGE MRP/RH List No.: 1 Sl No.: 61