- 1 - HC-KAR NC: 2025:KHC-D:14517 WP No. 104939 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104939 OF 2025 (GM-CPC) BETWEEN: SMT. LAXMIBAI W/O ALLAPPA MANG, AGE. 70 YEARS, OCC. HOUSEHOLD WORK, R/O. TERDAL, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT-587 314. … PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. SMT. RUKMAVVA D/O MADAPPA @ MAHADEV MANG, AGE. 52 YEARS, OCC. HOUSEHOLD WORK AND AGRICULTURE, R/O. MADARKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587 330. 2. DASHARAT S/O NEELAWWA MADAR, AGE. 57 YEARS, OCC. COOLIE, R/O. MADARKHANDI, TQ. JAMKANDI, DIST. BAGALKOT-587 330. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH THE ORDER DATED 09.04.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, JAMKHANDI, ON IA NO.2 IN OS NO.171/2023 VIDE ANNEXURE-D AND ALLOW THE SAID APPLICATION IN IA NO.2, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14517 WP No. 104939 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 09.04.2025 dismissing the petitioner's application in I.A.No.2 in O.S.No.171/2023 to come on record as defendant No.2 in a suit for declaration and injunction. 2. The suit for declaration and injunction is filed by one Rukmawwa, daughter of Madappa against one Dasharath. The petitioner claims that she is the daughter of Gangawwa, who is the sister of Madappa, the plaintiff’s father. 3. On what basis the plaintiff has acquired right over the property is not forthcoming in the application. The petitioner claims to be in possession of a portion of the suit property. The Trial Court has held that the petitioner is not a necessary party to the proceeding. 4. If at all the petitioner has any right over the property, the petitioner has to claim such right by filing appropriate suit before the competent Court. - 3 - HC-KAR NC: 2025:KHC-D:14517 WP No. 104939 of 2025 5. Under these circumstances, this Court is of the view that the Trial Court is justified in rejecting the application. Accordingly, the petition is dismissed. 6. It is made clear that in case, the petitioner files any suit in respect of the suit property, same shall be considered in accordance with law. 7. Dismissal of the present writ petition or the application before the Trial Court should not be construed as having expressed any opinion on the merits of the claim of either of the parties. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 43