- 1 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 15439 OF 2019 (GM-CPC) BETWEEN: 1. MRS. FLORINE MONTHERIO NEE NORONHA W/O LATE VINCENT NORONHA, AGED ABOUT 65 YEARS, (DECEASED), PETITIONER NO.2 HAS BEEN TREATED AS LR OF R1. 2. MR. PRAVEEN PAUL NORONHA, S/O LATE VINCENT NORONHA, AGED ABOUT 42 YEARS, R/AT D.NO. 21-3-90, NORONHA COMPOUND, HOIGE BAZAR, SUBHASH NAGARA MANGALURU TALUK. …PETITIONERS (BY SRI. DEEPAK WAGLE, ADVOCATE FOR SRI. A. KESHAVA BHAT, ADVOCATE; VIDE ORDER DATED 03.07.2025, P2 IS LR'S OF DECEASED P1) AND: 1. JOHN NORONHA AGED ABOUT 69 YEARS, R/A OPP RAMA LAXMI NARAYANA HALL, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 MANGALADEVI TEMPLE ROAD, BOLAR, MANGALORE - 575 001. 2. MRS. NELLY D CUNHA AGED 81 YEARS, 3. MRS. CELINE D SILVA AGED 76 YEARS, BOTH THE RESPONDENT NO. 2 AND 3 ARE R/A PALDANE KUDUPU POST, MANGALORE - 575 028. 4. MRS. JULIET NORONHA AGED 65 YEARS, R/A BETHEL COTTAGE, D.NO. 23-10-813 YEMMEKERE ROAD, BOLAR, MANGALORE - 575 001. 5. MRS. CHRISTINE D SOUZA W/O LATE VICTOR D SOYZA, AGED ABOUT 94 YEARS, KADRI KAMBLA JUNCTION, KADRI ROAD, MANGALORE - 575 002. 6. MR. CYRIL F NORONHA S/O LATE VALENTINE NORONHA, AGED ABOUT 85 YEARS, OPP PRIOYADARSHINI MONTESOURI SCHOOL, HARI PRASAD CONCERT ROAD AIRPORT ROAD, YEYYADI MANGALORE - 575 008. - 3 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 7. VINCENT NORONHA S/O LATE LOUIS NORONHA, AGED 68 YEARS, R/A D.NO. 21-3-90, NORONHA COMPOUND, HOIGE BAZAAR, MANGALORE - 575 001. 8. MR. LAWRENCE NORONHA S/O LATE LOUIS NORONHA, AGED 64 YEARS, R/A D.NO. 23-11-970/AB, BEHIND RAMALAXMI NARAYANA CONVENTION HALL, MONKEY STAND MANGALORE - 575 001. 9. MRS. CYNTHIA RASQUINHA W/O SEBASTIAN RASQUINHA, AGED 53 YEARS, R/A NIDDEL HOUSE, KULSHEKAR MANGALORE - 575 005. 10. MRS. CYNTHIA RASQUIHA W/O LATE LOUIS NOROHA, D/O OSCAR NORONHA, AGED 66 YEARS, D NO. 21-1-90, NORONHA COMPOUND, HOIGE BAZAAR, MANGALORE - 575 001. 11. MR. OSCAR NORONHA S/O LATE LOUIS NOROHA, AGED 55 YEARS, - 4 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 R/A D NO. 21-3-90, NORONHA COMPOUND, HOIGE BAZAAR, MANGALORE - 575 001. 12. MRS. MATILDA PINTO D/O LATE LOUIS NORONHA, AGED ABOUT 53 YEARS, W/O LANCY PINTO, ADU MAROLI, THARETHOTA BIKKARNAKATTER MANGALORE - 575 005. 13. MRS. IRENE NORONHA W/O LATE FREDRICK NORONHA, AGED 53 YEARS, 14. MRS. ANITHA NORONGA D/O LATE FREDRICK NORONHA, AGED 53 YEARS, RESPONDENTS NO.13 AND 14 R/A FLAT NO. 601/602, ROSARIO CHURCH ROAD, PANDESHWAR JUNCTION MANGALORE - 575 001. 15. MR. ARJUN NORONHA S/O LATE FREDRICK NORONHA AGED 52 YEARS, 16. MR. AJITH NORONHA S/O LATE FREDRICK NORONHA, AGED 50 YEARS, - 5 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 17. MR. ANIL NORONHA S/O LATE FREDRICK NORONHA, AGED MAJOR, 18. MRS. ASHA VAS NEE NORONHA AGED MAJOR, C/O MRS. IRENE NORONHA ALL RESPONDENTS NO.15 TO 18 ARE RESIDING AT FLAT NO. 601/602 COZY CORNER, ROSARIO CHURCH ROAD PANDESHWAR JUNCTION MANGALORE - 575 001. 19. MRS. JULIANA NORONHA AGED 78 YEARS, W/O JOSEPH NORONHA, BEHIND CANARA GOODS TRANSPORT, HOIGE BAZAR ROAD, MANGALORE - 575 001. 20. MRS. OCTAVIA NORONHA AGED 55 YEARS, D/O JOSEPH NORONHA R/A MT ROAD, ATTAVAR MANGALORE - 01. 21. MRS. OLIVE NORNOHA AGED 53 YEARS, D/O BEHIND RAMA LAXMI NARAYANA CONVENTION HALL, MANGALADEVI TEMPLE ROAD, BOLAR MANGALORE - 575 001. - 6 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 22. MRS. OSWALD NORONHA AGED 50 YEARS, 23. MRS. OPHILIA NORONHA AGED 45 YEARS, D/O JOSEPH NORONHA, 24. MRS. OLIMPIA NORONHA AGED 47 YEARS, D/O JOSEPH NORONHA, RESPONDENTS NO. 22 TO 24 ARE RESIDING AT PARRY COMPANY COMPOUND, HIGE BAZAAR ROAD, MANGALORE - 575 001. …RESPONDENTS (BY SRI. SACHIN K. NAIK, ADVOCATE FOR SRI. S. RAJASHEKAR, ADVOCATE FOR R1 TO R4; SRI. SANATH KUMAR SHETTY K, ADVOCATE FOR R5, R9 TO R19 AND R21 TO R24; SMT. PRIYA KOSHY, ADVOCATE FOR SRI. NITIN A.M, ADVOCATE FOR R20; VIDE ORDER DATED 03.07.2025, R7 AND R8 STANDS ABATED VIDE ORDER DATED 22.04.2026, R6 STANDS ABATED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO O.S.NO.149.2012 FROM THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, DK AND ON PERUSAL OF THE SAME AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 14.02.2019 passed on I.A.No.23 in O.S.No.149/2012 by the II Additional Senior Civil Judge and CJM, Mangaluru, Dakshina Kannada (hereinafter referred to as the ‘Trial Court’ for short). 2. Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. 3. Respondent Nos.1 to 4 have filed O.S.No.149/2012 seeking the relief of partition against the father of petitioner No.2 and others. It is averred that, in the said suit for partition, one Sri. Vincent Noronha has been arrayed as defendant No.3. After his death, the petitioners herein filed an application under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure seeking to implead themselves as defendants. The said application was opposed by the plaintiffs and the other - 8 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 defendants. The Trial Court, under the impugned order, rejected the application. 4. Though the order of rejection makes reference to the documents produced by the petitioners, the Trial Court has come to a conclusion that, in the matrimonial proceedings between the deceased petitioner No.1 and the original defendant No.3, there was a categorical denial by the original defendant that petitioner No.1 was not his wife, and further that the deceased petitioner No.1 had refused to undergo DNA examination. 5. It is required to be noticed that petitioner No.1, now deceased, claims to be the wife of original defendant No.3, and petitioner No.2 claims to be the son of the said original defendant No.3. In order to substantiate their contention that they are the legal heirs of deceased defendant No.3, the petitioners have produced the death certificate of defendant No.3, ration card of deceased petitioner No.1, birth certificate of petitioner No.2, - 9 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 marriage certificate of deceased defendant No.3 and petitioner No.1, transfer certificate of petitioner No.2, Aadhar Card, Election Identity Card, survivor certificate and the marriage certificate of petitioner No.2. The above said documents clearly indicate the name of defendant No.3 as the husband of petitioner No.1 and the father of petitioner No.2. The documents referred are issued by the competent authorities such as municipal authorities, revenue authorities, and the education Department. These documents clearly indicate that the petitioners herein have produced sufficient material before the Trial Court to substantiate their claim and that they are the legal heirs of the deceased original defendant No.3. It is also required to be noticed that the plaintiffs as well as the other defendants have seriously disputed the relationship of the petitioners with deceased defendant No.3. The Trial Court, under the impugned order, has mainly relied upon the proceedings in M.C.No.132/2013, wherein the deceased defendant No.3 had denied his relationship with deceased - 10 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 petitioner No.1 herein. Based on such pleadings and orders, the Trial Court came to the conclusion that the petitioners are not the legal heirs of deceased defendant No.3. 6. In my considered view, the documents and material placed on record prima facie establish that the petitioners are the legal heirs of the deceased defendant No.3. However, a detailed enquiry is required to be conducted in that regard. Instead of rejecting the application, the ends of justice would be met if petitioner No.2 is permitted to come on record by allowing him to file a written statement. Thereafter, the Trial Court can frame an appropriate issue with regard to proving the relationship of the petitioner No.2 herein with deceased defendant No.3. 7. With the aforesaid observations, I proceed to pass the following order: - 11 - HC-KAR NC: 2026:KHC:30412 WP No. 15439 of 2019 ORDER i) The writ petition is allowed. ii) The impugned order dated 14.02.2019 passed on I.A. No.23 in O.S. No.149/2012 by the II Additional Senior Civil Judge and CJM, Mangaluru, is hereby set aside. iii) Consequently, I.A. No.23 filed under Order I Rule 10(2) of the Code of Civil Procedure by petitioner No.2 is allowed, subject to the observations made supra. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 1