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KARNATAKA HIGH COURT
VIJAYKUMAR A. PATIL, J
SRI. SYED HAMEED – Appellant
Versus
SRI. RAMESH – Respondent
| Table of Content |
|---|
| 1. basis of petition for impleadment of heirs. (Para 1 , 3 , 6) |
| 2. opposition to the application based on timing. (Para 4) |
| 3. court's evaluation of fairness in procedures. (Para 5 , 7) |
| 4. court's reasoning for allowing the petition. (Para 8) |
| 5. result of the writ petition allowing the inclusion of heirs. (Para 9) |
ORAL ORDER
This petition is filed seeking for the following relief:
"Issue a writ in the nature of certiorari quashing the impugned order dated 25.11.2020 passed by the court of the Additional Civil Judge and JMFC, Ramanagara on IA No.16 in O.S.No.234/2014 vide Annexure-A."
2. Heard.
3. Sri.G.B.Nandish Gowda, learned counsel appearing for the petitioner submits that the petitioner filed a suit for specific performance of the agreement of sale executed by the defendant Nos.1 and 2. During the pendency of the suit, the defendant No.2 died and his legal heirs i.e. his wife and one son were brought on record. It is submitted that during the cross-examination of DW-2, it was brought to the knowledge of the petitioner-plaintiff that the deceased defendant No.2 has two more children. Hence, an application came to be filed to implead them as parties to the suit. However, th
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