- 1 - NC: 2025:KHC:17004 WP No. 6418 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6418 OF 2025 (GM-CPC) BETWEEN: SRI PRASANTH KUMAR N S/O NANJUNDA.M AGED ABOUT 40 YEARS RESIDING AT NO.61, 9TH CROSS, 5TH MAIN, R.C. AGRAHARA CHAMARAJPET – 560018. …PETITIONER (BY SRI. ANANTHA SWAMY G.R., ADVOCATE) AND: 1. SMT LAKSHMAMMA W/O MANJUNATH SINCE DECEASED REP. BY M.NIRMALA AGED ABOUT 41 YEARS R/AT NO.25, SRV NIVASA, 1 CROSS ANUBHAVANAGARA, MOODALPALYA BANGALORE NORTH TALUK, NAGARABHAVI, BANGALORE-560072. 2. MRS. NANJAMMA W/O NANJAPPA SINCE DECEASED REP. BY MRS. MEENKASHI W/O MR.M.RAMAKRISHNA D/O LATE NANJAMMA AGED ABOUT 77 YEARS RESIDING AT NO.435/B 2ND FLOOR, 8TH MAIN ROAD ABOVE GEOJITBOKERINY OFFICE VIJAYANAGAR, BANGALORE CITY-560040. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17004 WP No. 6418 of 2025 3. MR.DHANANJAYA.N S/O LATE NANJAMMA AGED ABOUT 69 YEARS RESIDING AT NO.1/1-1 8TH MAIN ROAD, NEAR CANARA BANK GANESH TEMPLE, BYRAVESHWARANAGARA BENGALURU-560072. 4. SRI NANJUNDA S/O MARIAPPA AGED ABOUT 62 YEARS RESIDING AT OLD D.NO.164/174 (NEW NO.12) 7TH CROSS AZADANAGAR, MYSURU ROAD BENGALURU-560018. 5. MRS. JAYAMMA W/O NANJAPPA, AGED ABOUT 64 YEARS, R/AT NO.191/25 (OLD NO.206) 6TH CROSS, AZADANAGAR CHAMARAJPET, BANGALORE-560018. …RESPONDENTS (BY SRI. AJIT P B., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / STRIKE DOWN THE ORDER DATED 18/01/2025 PASSED BY THE HONBLE LXXV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-76) ON IA IN FDP NO. 157/2016 WHICH HAS BEEN PROVIDED AT ANNEXURE -A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-impleading - 3 - NC: 2025:KHC:17004 WP No. 6418 of 2025 applicant challenging the order dated 18.01.2025 passed by the LXXV Additional City Civil and Sessions Judge, Benagluru on application filed under Order I Rule 10(2) read with Section 151 of CPC in FDP No.157/2016, whereby the Trial Court rejected the said application. 2. The plaintiff filed a suit for partition. The said suit was decreed, and thereafter, she initiated final decree proceedings in FDP No.157/2016. The impleading applicant filed an application under Order I Rule 10(2) of the CPC, seeking to be impleaded as a party to the final decree proceedings. The Trial Court, by the impugned order dated 18.01.2025, rejected the application. Being aggrieved by the same, the present petition has been filed. 3. The Trial Court has given a clear finding that, in the preliminary decree marked as Ex.P1, it was decreed that the plaintiff is entitled to 1/4th share in the suit schedule properties. The final decree is to be drawn pursuant to the - 4 - NC: 2025:KHC:17004 WP No. 6418 of 2025 preliminary decree passed by the Trial Court in O.S.No.1082/2009. Hence, the proposed respondent No.5 is not a necessary party. Considering all these aspects, the trial Court has rightly rejected the application filed under Order I Rule 10(2) read with Section 151 of CPC. 4. Therefore, there is no error or illegality in the order passed by the Trial Court. Accordingly, the writ petition is dismissed. 5. However, the dismissal of this writ petition shall not come in the way of the petitioner's father, i.e., M.Nanjunda, from filing an application under Section 2 of the Partition Act, 1893, before the Trial Court. If such an application is filed by the father of the petitioner, the Trial Court is directed to consider the same, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 4