MANJULA Vs. FAKKIRAPPA

JUDGEMENT

(1.) The defendant filed the above writ petition challenging the order dated 20.01.2015 made in M.A. No. 36/2014 on the file of III Addl. Senior Civil Judge and CJM, Dharwad allowing the appeal under Order 22 Rule 3 R/w Sec. 151 of Code of Civil Procedure by setting aside the order dated 20.07.2014 made in O.S. No. 364/2011 on the file of I Addl. Civil Judge, Dharwad and directed the Trial Court to re -open the case and hold enquiry on I.A. filed under Order 22 Rule 3 r/w Sec. 151 of Code of Civil Procedure and proceed in accordance with law.

(2.) The brief facts of the case are;

(3.) The Plaintiff died during the pendency of the suit. Hence, the present respondent filed an application under Order 22 Rule 3 r/w Sec. 151 of Code of Civil Procedure to permit him to come on record as legal heir of deceased plaintiff on the basis of Will and gift deed executed by the plaintiff in his favour. The said application was resisted by the defendant/petitioner. After considering the application and objection, the Trial Court by its order dated 28.07.2014 has rejected the application under Order 22 Rule 3 of Code of Civil Procedure holding that the present applicant has not made out sufficient grounds to show that he is the only one legal heir of the deceased plaintiff Aggrieved by the said order, the respondent filed an appeal before the 3rd Addl. Senior Civil Judge, Dharwad in M.A. No. 36/2014 who after hearing both the learned Counsel for the parties, by his impugned order dated 20.01.2015 has allowed the appeal and set aside the order passed by the Trial Court and directed the Trial Court to reopen the case and hold enquiry on the application filed by the respondent as contemplated under law. Against the said order, the present writ petition is filed.