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2025 DAILYLAW 16583 (KAR)

SRI CHANDRASHEKARAIAH G M v. SRI RANGAPPA

WP/4982/2025 · 2025-03-07

H T Narendra Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9763 WP No. 4982 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4982 OF 2025 (GM-CPC) BETWEEN: SRI CHANDRASHEKARAIAH G M S/O LATE MAHADEVAIAH AGED ABOUT 48 YEARS R/AT GANGALAGUNTE, THARUR POST KALLEMBELLA HOBLI, SIRA TALUK TUMKURU DISTRICT-572125. …PETITIONER (BY SRI. MANU SHANKAR S S., ADVOCATE) AND: SRI RANGAPPA S/O BOMANNA AGED ABOUT 63 YEARS R/AT GUBBI CHIKKANAPALYA VILLAGE KALLEMBELLA HOBLI, SIRA TALUK TUMKUR DISTRICT-572125. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-F PASSED BY THE III ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU BY ALLOWED THE IA NO. III APPLICATION UNDER ORDER I RULE 10(2) OF CPC IN CIVIL MISC NO. 261/2023 VIDE ORDER DATED 08/01/2025 BY ALLOWING THIS WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9763 WP No. 4982 of 2025 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 challenging the order dated 08.01.2025 passed by the III Additional District and Sessions Judge, Tumkur on I.A.No.III in C.Misc.No.261/2023., whereby the Trial Court has allowed the said application. 2. The petitioner herein has filed P&SC No.15/2022 under Section 276 of the Indian Succession Act, 1925 before the III Additional District and Sessions Judge, Tumkuru. The same has been allowed on 13.01.2023. Being aggrieved by the same, respondent has filed Civil.Misc.No.261/2023 under Section 263 of Indian Succession Act, 1925 before the III Additional District and Sessions Judge, Tumkuru. Thereafter, the respondent herein has filed I.A.No.III under Order I Rule 10(2) of CPC for impleading of the proposed defendant in the suit. The trial Court by order dated 08.01.2025 allowed the - 3 - NC: 2025:KHC:9763 WP No. 4982 of 2025 application. Being aggrieved by the same, the present petition is filed. 3. During the pendency of the civil miscellaneous petition, the petitioner herein has sold the property in dispute in favour of the proposed defendant by registered Sale Deed dated 15.09.2023. Since the proposed defendant, who is the purchaser of the property in dispute, is a necessary party in the miscellaneous petition, respondent herein filed an application for impleading the purchaser to the suit. Therefore, the trial Court is justified in allowing the petition. There is no error or illegality in the order passed by the trial Court. 4. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 11