- 1 - NC: 2025:KHC:9729 WP No. 6580 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. 6580 OF 2025 (GM-CPC) BETWEEN: 1. M. P. SUGANDA S/O LATE M.B.PEMMAIAH AGED 59 YEARS 2. M P RAVINDRA S/O LATE M B PEMMAIAH AGED 53 YEARS BOTH ARE RESIDENTS OF HUDIKERI VILLAGE AND POST PONNAMPET TALUK KODAGU DISTRICT. …PETITIONERS (BY SRI. SACHIN B S., ADVOCATE) AND: 1. MARMADA M. SUNANDA S/O LATE M.B. MUTHANNA AGED 49 YEARS 2. M.P.MACHAMMA W/O LATE PONNAPPA AGED 72 YEARS R1 & R2 ARE RESIDENTS OF HUDIKERI VILLAGE AND POST VIRAJPET TALUK, SOUTH KODAGU. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 PF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 27.04.2024 ON IA NO.III IN FDP Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9729 WP No. 6580 of 2025 NO. 10/2020 ON THE FILE OF SENIOR CIVIL JUDGE AT VIRAJPET AS PER 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 petitioners challenging the order dated 27.04.2024 passed by the Senior Civil Judge, Virajpet, on I.A.No.III filed under Order 10 Rule 1(2) of CPC in FDP No.10/2020, whereby the Trial Court has dismissed the said application. 2. The plaintiff filed the O.S.No.160/2016 for partition and separate possession. The respondents herein, who are plaintiff and defendant have filed compromise petition in respect of Sy.No.311/6 measuring to an extent of 1.50 acres situated at Hudikeri Village, Virajpet Taluk. Pursuant to the compromise decree, preliminary decree has been passed. On the basis of the preliminary decree, plaintiff filed FDP No.10/2020. During the pendency of final decree proceedings, the petitioners herein have filed I.A.No.III - 3 - NC: 2025:KHC:9729 WP No. 6580 of 2025 seeking to implead them as respondent Nos.2 and 3 to the final decree proceedings and sought for allotment of share in respect of Sy.No.311/1, 311/2, 311/4 and 120/2. The Trial Court by impugned order has dismissed the said application. Being aggrieved, the present petition is filed by the impleading applicants. 3. The relief sought by the impleading applicants is not the subject matter in the FDP No.10/2020. Therefore, they are not necessary and proper parties in the FDP. Hence, the Trial Court has rightly dismissed the application. 4. Viewed from any angle, there is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM