- 1 - HC-KAR NC: 2025:KHC-D:13782 WP No. 103942 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.103942 OF 2025 (GM-CPC) BETWEEN: TARIQ HABIBULLAH KHAN PATHAN, AGE: 47 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: #8604, MAHANTESH NAGAR, BELAGAVI ROAD, DHARWAD-580 008, AADHAAR NO.416676115799. … PETITIONER (BY SRI. SANKET S. AMBALI, ADVOCATE) AND: 1. 2. 3. SMITA KISHOR HUTAGI, AGE: 31 YEARS, OCC: HOUSE WIFE, R/O: #289/5, KURUBAR DADDI, GOKAK, DIST: BELAGAVI-591 307, ALSO AT: 2ND CROSS, LAXMI NAGAR, VIDYAGIRI, DHARWAD-580 004. PRACHI KISHOR HUTAGI, AGE: 12 YEARS, OCC: STUDENT, 2ND CROSS, LAXMI NAGAR, VIDYAGIRI, DHARWAD-580 004. SAI KISHOR HUTAGI, AGE: 10 YEARS, OCC: STUDENT, 2ND CROSS, LAXMI NAGAR, VIDYAGIRI, DHARWAD–580 004. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:07 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13782 WP No. 103942 of 2025 4. 5. 6. 7. 8. 9. 10. 11. MEENAKSHI VITHALRAO HUTAGI, AGE: 56 YEARS, OCC: HOUSE WIFE, R/O: #185, VITHAL NIVAS, JSS COLLEGE ROAD, NEAR GANESH TEMPLE, LAXMI NAGAR, DHARWAD–580 004. RAJANIGANDHA NELASAN HAVALAD, AGE: 45 YEARS, OCC: GOVT. EMPLOYEE, R/O: #61, CHALUKYA LAYOUT, NEAR CMDR OFFICER, YALAKKI SHETTAR COLONY, DHARWAD–580 004. ARUNA HUSENI INGALE, AGE: 40 YEARS, OCC: HOUSE WIFE, R/O: SHAHPUR GATE, DORGALLI, KK ROAD, VIJAYAPURA, TQ: AND DT: VIJAYAPURA–585 223. SUNILKUMAR VITHALRAO HUTAGI, AGE: 36 YEARS, OCC: BUSINESS, R/O: 2ND MAIN ROAD, LAXMI NAGAR, DHARWAD–580 004. SULOCHANA YASHWANT HUTAGI, AGE: 71 YEARS, OCC: HOUSE WIFE, R/O: ANAND NIVAS, NEAR GANESH TEMPLE, LAXMI NAGAR, DHARWAD–580 004. VIMAL SHRIKANT KAKKAYYANAVAR, AGE: 52 YEARS, OCC: HOUSE WIFE, R/O: VISHWA SAI APART PLOT NO.5, 4TH FLOOR, SIDDESHWAR NAGAR, HUBBALLI, DIST. DHARWAD–580 031. VINOD YASHAVANT HUTAGI, AGE: 48 YEARS, OCC: PVT. JOB, R/O: ANAND NIVAS, NEAR GANESH TEMPLE, LAXMI NAGAR, DHARWAD–580 004. VASANTI LAXMIKANT GAJAKOSH, AGE: 46 YEARS, OCC: HOUSE WIFE, - 3 - HC-KAR NC: 2025:KHC-D:13782 WP No. 103942 of 2025 12. 13. 14. R/O: 3RD CROSS, NAVA AYODHYANAGAR, HUBBALLI, DIST: DHARWAD–580 024. GIRISH YASHAVANT HUTAGI, AGE: 46 YEARS, OCC: PVT. JOB, R/O: 2ND MAIN ROAD, NEAR GANESH TEMPLE, LAXMI NAGAR, DHARWAD–580 004. SATISH YASHAVANT HUTAGI, AGE: 40 YEARS, OCC: PVT. JOB, R/O: 3RD CROSS, 8TH MAIN ROAD, MALLESHPALYA, NORTH BENGALURU, BENGALURU–560 075. SUDHA MANOJKUMAR HUTAGI, AGE: 36 YEARS, OCC: HOUSE WIFE, R/O: VITHAL NIVAS, JSS COLLEGE ROAD, NEAR GANESH TEMPLE, LAXMI NAGAR, DHARWAD–580 004. [RESPONDENT NO.2 AND 3 ARE MINORS AND ARE REPRESENTED BY THEIR MOTHER RESPONDENT NO. 1 AS A NATURAL GUARDIAN OF THEM] … RESPONDENTS (BY SRI. AMIT A. ANANDAHALLI, ADVOCATE FOR R1, R4 TO R8 AND R9 TO R13) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI/ORDER/DIRECTION OF APPROPRIATE NATURE AND SET ASIDE THE IMPUGNED ORDER DATED 20.06.2025 PASSED BY THE LD. II ADDL. SR. CIVIL JUDGE AND JMFC, DHARWAD IN G AND WC NO.44/2025 ANNEXED AS ANNEXURE-A, CONSEQUENTLY ALLOW THE APPLICATION UNDER O. I R. 10 OF CPC BEARING I.A. NO.3 IN G AND WC NO.44/2025 AND PERMIT THE PETITIONER HEREIN TO BE IMPLEADED AS RESPONDENT IN THE PENDING PROCEEDING. - 4 - HC-KAR NC: 2025:KHC-D:13782 WP No. 103942 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This writ petition is filed assailing the order dated 20.06.2025, on the file of II Additional Senior Civil Judge, Dharwad. 2. In terms of the impugned order, petitioner's application to implead himself in the aforementioned proceeding, is rejected. 3. Learned counsel the petitioner would submit that the petitioner had entered into an agreement for sale with 11 persons. Before the sale deed is executed, some of the sellers died leaving behind the minors. Hence, the application is filed seeking leave of the Court to transfer minor's property. 4. In the said proceeding, the petitioner/proposed purchaser intended to come on record to safeguard his interest and to ensure that there is no dismissal - 5 - HC-KAR NC: 2025:KHC-D:13782 WP No. 103942 of 2025 of application on account of collusion between the sellers. The trial Court has rejected the application though the sellers have not objected to the said application. 5. It is noticed from the order that the sellers have no objection to allow the application. The trial Court has proceeded on the premise that the purchaser is not a necessary party to the said proceeding. It may be so, the purchaser may not be a necessary party. However, he would be a proper party. 6. Hence, the following: ORDER i. The petition is allowed. ii. The impugned order dated 20.06.2025 passed by learned II Additional Senior Civil Judge., Dharwad in G and WC No.44/2025 at Annexure-A, is set- aside. - 6 - HC-KAR NC: 2025:KHC-D:13782 WP No. 103942 of 2025 iii. The petitioner is allowed to come on record as a party to the proceeding before the trial Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 15