- 1 - HC-KAR NC: 2025:KHC:25543 W.P. No.5306/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.5306/2020 (GM-CPC) BETWEEN: G.P. ROHIT S/O G.N. PRAKASH AGED ABOUT 22 YEARS R/AT. GOWDAHALLI K. SHETTAHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DIST 571438. …PETITIONER (BY SRI. KUSHAL GOWDA, ADV., FOR SRI. ABHINAY Y.T. ADV.,) AND: 1. SMT. RAMESWARI DEVI W/O RAMALINGESWAR PAPA RAO AGED ABOUT 37 YEARS R/AT NO. 223/BMP-93-J-1 ASHOKA RESIDENCY, 3RD MAIN JM PALYA, GARAKAMANATHANA PALYA BENGALURU EAST 560075. 2. G.S. RAJANNA S/O LATE NINGEGOWDA AGED ABOUT 55 YEARS. 3. SMT. S. NIRAMALA W/O G.N. RAJANNA AGED ABOUT 46 YEARS. 4. G.R. KAVYASHREE D/O G.N. RAJANNA AGED ABOUT 21 YEARS. Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:25543 W.P. No.5306/2020 5. GAGAN RAJ S/O G.N. RAJANNA AGED ABOUT 19 YEARS. 6. G. VIDYA SHREE D/O G.N. RAJANNA AGED ABOUT 25 YEARS. 7. RAMEGOWDA S/O LATE NINGEGOWDA AGED ABOUT 57 YEARS. 8. SMT. HONNAMMA W/O RAMEGOWDA AGED ABOUT 49 YEARS. 9. G.N. PRAKASH S/O LATE NINGEGOWDA AGED ABOUT 47 YEARS. 10. SMT. PARVATHI W/O G.N. PRAKASH AGED ABOUT 47 YEARS. RESPONDENTS 2 TO 10 ARE R/AT GOWDAHALLI K. SHETTAHALLI SRIRANGAPATNA TALUK MANDYA DISTRICT 571 438. …RESPONDENTS (BY SRI. ABRAHEME JOSEPH, ADV., FOR SMT. SANJANTHI SAJAN POOVAYYA, ADV., FOR R1 V/O/DTD:19.04.2021 NOTICE TO R2 TO R10 ARE D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DTD.19.8.2019 PASSED IN O.S.NO.133/2017 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATNA (ANNEXURE-F) AND CONSEQUENTLY ALLOW IA NO.V FILED IN O.S.NO.133/2017 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25543 W.P. No.5306/2020 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking following reliefs: "a. Quash the order dated 19.08.2019 passed in OS.No.133 of 2017 by the Principal Senior Civil Judge and JMFC, Srirangapatna (Annexure F) and consequently allow IA.No.V filed in OS.No.133 of 2017." 2. Sri.Kushal Gowda, learned counsel appearing for the petitioner submits that respondent No.1 filed a suit against respondent Nos.2 to 10 for a relief of declaration and permanent injunction. In the said suit, one Smt.Gowramma was defendant No.1 and during the pendency of the said suit, Smt.Gowramma has died and respondent No.1/plaintiff filed a memo indicating that the said Smt.Gowramma/defendant No.1 has no legal heirs. The said memo was accepted. Later, the petitioner came to know about the pending suit and filed an application for impleadment on the ground that the said Smt.Gowramma bequeathed her properties, which is the suit schedule property, in favour of the applicant. However, the trial - 4 - HC-KAR NC: 2025:KHC:25543 W.P. No.5306/2020 Court on an incorrect premise that no supporting documents have been produced rejected the application. Hence, he seeks to allow the petition. 3. Per contra, Sri.Abraheme Joseph, learned counsel appearing for respondent No.1/plaintiff supports the order of the trial Court and submits that the petitioner claims that he is the beneficiary under the Will executed by defendant No.1. However, the same is required to be proved in a competent Court and until that is established, he cannot be arrayed as a party to the suit. Hence, he seeks to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioner, learned counsel for the respondents and meticulously perused the material available on record. I have given my anxious consideration to the submissions advanced on both sides. 5. Respondent No.1/plaintiff filed OS.No.133/2017 which is pending before the Principal Senior Civil Judge - 5 - HC-KAR NC: 2025:KHC:25543 W.P. No.5306/2020 and JMFC, Srirangapatana. The said suit is for declaration of ownership over the suit schedule property and consequential relief of permanent injunction. In the said suit, Smt.Gowramma had been arrayed as defendant No.1, who died during the pendency of the suit. The plaintiff/respondent No.1 filed a memo indicating that Smt.Gowramma has died issue less and there are no legal heirs. The records indicate that the petitioner has filed an application under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking to implead himself in the aforesaid suit on the ground that the deceased Smt.Gowramma/defendant No.1 has executed a Will dated 11.07.2017 bequeathing the suit schedule property in his favour. To support the said claim, an affidavit is filed accompanying the application for impleadment and the copy of the Will is also produced. It is also averred that defendant No.1/Smt.Gowramma has also filed OS.No.93/2015 and the same is pending. In my considered view, the petitioner has made out a case for - 6 - HC-KAR NC: 2025:KHC:25543 W.P. No.5306/2020 impleadment as he claims that he has succeeded to the estate of Smt.Gowramma through the Will dated 11.07.2017 and the subject matter of the suit is the same as found in the Will. Hence, I am of the considered view that the petitioner is a proper and necessary party to the suit filed by respondent No.1/plaintiff. Hence, I proceed to pass the following: ORDER i) The writ petition is allowed. ii) The impugned order dated 19.08.2019 passed on IA.No.5 filed by the petitioner in OS.No.133/2017 on the file of the Principal Senior Civil Judge and JMFC, Srirangapatana is hereby set aside. iii) Consequently, IA.No.5 filed by the petitioner under Order I Rule 10 of CPC is allowed. - 7 - HC-KAR NC: 2025:KHC:25543 W.P. No.5306/2020 iv) The petitioner is permitted to come on record in OS.No.133/2017. v) No orders as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 22