- 1 - NC: 2025:KHC-D:717 RP No. 100002 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI REVIEW PETITION NO.100002 OF 2025 BETWEEN: 1. SRI ARUN KUMAR.T, S/O. T. SURESHA, AGED ABOUT 30 YEARS, R/AT. 17TH WARD, 6TH CROSS, HANUMAN NAGARA, BELLARY – 583 101. 2. SRI T. GANGADHARA, S/O. T. SURESHA, AGED ABOUT 27 YEARS, R/AT. 17TH WARD, 6TH CROSS, HANUMAN NAGARA, BELLARY – 583 101. 3. SMT. SUMA D/O. K.N. JAMBUNATH, W/O. BANDA POMPAPATHI, AGED ABOUT 43 YEARS, RESIDING AT 17-1-76, KALLIMATAM STREET, WARD 17TH, RAYADURGA, ANANTHPUR, ANDRA PRADESH – 515 865. 4. KUMARI MALATHI, D/O. K.N. JAMBUNATH, AGED ABOUT 42 YEARS, RESIDING AT DATTASAI NAGAR, 17TH WARD, BELLARY TOWN-583 101. … PETITIONERS (BY SRI S. RAJSHEKAR, ADVOCATE FOR SRI MRUTYUNJAY TATA BANGI AND SRI S.S.YALIGAR, ADVOCATES) MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.20 14:21:41 +0530 - 2 - NC: 2025:KHC-D:717 RP No. 100002 of 2025 AND: 1. SMT. ANUSUYAMMA, W/O. SRI M. SATHYANNA, AGED ABOUT 74 YEARS, R/O. NEELAKANATRAYA VIVRESE COLONY, NEAR RAJARAJESHWARI TEMPLE, HANUMAN NAGAR, ADONI, KARNOOL DISTRICT – 518301, ANDHRA PRADESH. 2. SRI B. SOMESWARA S/O. LATE RANGAPPA, AGED ABOUT 69 YEARS, R/O. NEELAKANATRAYA VIVRESE COLONY, NEAR RAJARAJESHWARI TEMPLE, HANUMAN NAGAR, ADONI, KARNOOL DISTRICT – 518301, ANDHRA PRADESH. 3. SRI B. NAGARAJU S/O. LATE RANGAPPA, AGED ABOUT 61 YEARS, R/O. NEELAKANATRAYA VIVRESE COLONY, NEAR RAJARAJESHWARI TEMPLE, HANUMAN NAGAR, ADONI, KARNOOL DISTRICT – 518301, ANDHRA PRADESH. 4. SRI B. MALLIKARJUNA S/O. LATE RANGAPPA, AGED ABOUT 54 YEARS, R/O. NEELAKANATRAYA VIVRESE COLONY, NEAR RAJARAJESHWARI TEMPLE, HANUMAN NAGAR, ADONI, KARNOOL DISTRICT – 518301, ANDHRA PRADESH. 5. SRI LAKSHMANNA S/O. SRI BUDDAPPA MAJOR, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 6. SMT. ADEMMA W/O. SRI SHESHAPPA, - 3 - NC: 2025:KHC-D:717 RP No. 100002 of 2025 MAJOR, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 7. SRI MALLANNA S/O. SRI BUDDAPPA, MAJOR, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 8. SMT. NAGAMMA W/O. SRI VEERABHADRAPPA, MAJOR, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 9. SMT. GANGAMMA W/O. LATE VISHWANATHSWAMY, AGED ABOUT 74 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 10. SRI NARAYANA S/O. LATE VISHWANATHSWAMY, AGED ABOUT 51 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 11. SRI NEELAKANTAPPA S/O. LATE SOMAPPA, AGED ABOUT 56 YEARS, R/O. SHEKAR COLONY, 2ND CROSS, AVANI APARTMENT (PLOT NO.6), 4TH FLOOR, S.N. PET, BALLARI. 12. SMT. PUSHPA D/O. KODIGANTI NEELAKANTAPPA, AGED ABOUT 32 YEARS, R/O. SHEKAR COLONY, 2ND CROSS, AVANI APARTMENT (PLOT NO.6), 4TH FLOOR, S.N. PET, BALLARI. - 4 - NC: 2025:KHC-D:717 RP No. 100002 of 2025 13. SMT. SOUMYA D/O. KODIGANTI NEELAKANTAPPA, AGED ABOUT 26 YEARS, R/O. SHEKAR COLONY, 2ND CROSS, AVANI APARTMENT (PLOT NO.6), 4TH FLOOR, S.N. PET, BALLARI. 14. SRI SHIVA S/O. LATE VISHWANATHSWAMY, AGED ABOUT 47 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 15. SRI B. NARAYANA S/O. VENKATANARSAPPA, AGED ABOUT 79 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 16. SRI SRIDHAR S/O. SRI BADESAB, MAJOR, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 17. SMT. GANGAMMA W/O. LATE SRI VISHWANATHSWAMY, MAJOR, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 18. SMT. LAKSHMAMMA W/O. LATE ANANDASWAMY, AGED ABOUT 64 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 19. SRI RAHAVENDRA S/O. LATE ANANDASWAMY, AGED ABOUT 44 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. - 5 - NC: 2025:KHC-D:717 RP No. 100002 of 2025 20. SMT. PADMAVATHI D/O. LATE ANANDASWAMY, AGED ABOUT 42 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 21. SMT. JOYTHI D/O. LATE ANANDASWAMY, AGED ABOUT 39 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. 22. SRI GURUSWAMY S/O. LATE MACHANI NARASAPPA, AGED ABOUT 84 YEARS, R/O Y. NAGESHSHASTRY COMPOUND, MAHANDIKOTTAM, 16TH WARD, TALURU ROAD, BALLARI TOWN-583 101. … RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CPC, PRAYING TO ALLOW THIS PRESENT REVIEW PETITION AND REVIEW THE JUDGMENT AND FINAL ORDER DATED 24.12.2024 PASSED BY THIS HONBLE COURT IN W.P.NO.107817/2024 AS PER ANNEXURE-A. ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 09.12.2024 PASSED ON IA NO.III BY HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BELLARY IN RA NO.12/2018 ON ORDER I RULE 10(2) APPLICATION AT ANNEXURE-B. TO ALLOW THE IMPLEADING APPLICATION FILED BY WRIT PETITIONERS/APPLICANTS IN RA NO.12/2018 PENDING ON THE FILE OF HONBLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BELLARY BY ALLOWING THE PRESENT REVIEW PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - NC: 2025:KHC-D:717 RP No. 100002 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This review petition is filed for review of order dated 24.12.2024 passed by this Court in W.P.no.107817/2024. 2. Sri S.Rajashekhar, learned counsel for petitioners appearing through video conference submitted that writ petition was filed challenging order passed on I.A.no.III for impleading filed in R.A.No.12/2018. It was submitted application was filed for impleading on ground that petitioners though interested in suit properties and had filed suit for partition were left out on array of parties in appeal and would be affected by any judgment and decree passed therein. It was submitted, rejection of impleading application would be contrary to various reported decisions. On said ground seeks for review. 3. Heard learned counsel and perused order impugned. 4. Though review is sought on ground that rejection of impleading application by Appellate Court was contrary to law, it is seen, while disposing of writ petition, this Court had taken note of fact that application was filed after matter was heard and reserved for judgment and that petitioners had filed and were prosecuting independent suit for partition. Dismissal of - 7 - NC: 2025:KHC-D:717 RP No. 100002 of 2025 writ petition was with observation that rejection of application would not prejudice to petitioners in prosecuting their suit independently. Since application was filed after matter was heard and reserved for judgment by First Appellate Court, only clarification that would perhaps be required, would be that rejection of application would not curtail remedies of petitioners of questioning judgment and decree passed in appeal or pursuing his suit independently. Same would not however, be a ground to entertain review petition. 5. With above observation, review petition is dismissed. In view of nature of disposal, compliance of office objection would not be necessary. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 25