- 1 - NC: 2025:KHC-D:3558 WP No. 102363 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102363 OF 2024 (GM-CPC) BETWEEN: SHRI ANNAPPA S/O. AJJANNA GUJJAR, AGE: 61 YEARS, OCC: TAILOR, R/O. 1241/C2, KONWAL GALLI, B.P. PASSAGE, TQ: & DIST: BELAGAVI-590001. …PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: SHRI VEERABHADRA S/O. REVAPPA UCHAGAONKAR, SINCE DECEASED BY LRS. 1. MR. ROHIT S/O. VEERABHADRA UCHAGAONKAR, AGE: 31 YEARS, OCC: PRIVATE SERVICE, R/O. CTS 1286/2, RAMLINGKHIND GALLI, TQ: AND DIST: BELAGAVI-590001. 2. SMT. NIRMALA W/O. VEERABHADRA UCHAGAONKAR, AGE: 50 YEARS, OCC: TAILORING, R/O. CTS 1286/2, RAMLINGKHIND GALLI, TQ: AND DIST: BELAGAVI-590001. 3. SMT. RANJANA PRABHAKAR MUGALI, AGE: 57 YEARS, OCC: TAILORING, R/O. CTS 1286/1B, RAMLINGKHIND GALLI, TQ: AND DIST: BELAGAVI-590001. 4. SMT. RENUKA W/O. MAHADEV NARGATTI, AGE: 54 YEARS, OCC: BUSINESS, R/O. 1242/A, KONWAL GALLI, B.P. PASSAGE, TQ: AND DIST: BELAGAVI-590001. 5. SHRI PRAJWAL S/O. MAHADEV NARGATTI, AGE: 31 YEARS, OCC: BUSINESS, R/O. 1242/A, KONWAL GALLI, B.P. PASSAGE, TQ: AND DIST: BELAGAVI-590001. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:50 +0530 - 2 - NC: 2025:KHC-D:3558 WP No. 102363 of 2024 6. SMT. SARASWATI W/O. SHIVAPUTRA NARGATTI, AGE: 54 YEARS, OCC: BUSINESS, R/O. 1242/A, KONWAL GALLI, B.P. PASSAGE, TQ: AND DIST: BELAGAVI-590001. 7. SHRI PRAMOD S/O. SHIVAPUTRA NARGATTI, AGE: 34 YEARS, OCC: BUSINESS, R/O. 1242/A, KONWAL GALLI, B.P. PASSAGE, TQ: AND DIST: BELAGAVI-590001. 8. SHRI BHIMASEN S/O. SHIVAPUTRA NARGATTI, AGE: 32 YEARS, OCC: BUSINESS, R/O. 1242/A, KONWAL GALLI, B.P. PASSAGE, TQ: AND DIST: BELAGAVI-590001. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, SETTING ASIDE THE ORDER DATED 30/01/2024 PASSED ON I.A. NO. 10 IN O.S. NO.44/2017 BY THE VI ADDL. CIVIL JUDGE AND JMFC, BELAGAVI VIDE ANNEXURE-F BY ALLOWING THE I.A. NO.10 FILED BY THE PETITIONER IN O.S. NO.44/2017, INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of Certiorari or any other writ or direction, setting aside the order dated 30/01/2024 passed on I.A. No.10 in O.S. No.44/2017 by the vi addl. Civil judge and JMFC, Belagavi vide Annexure-F by allowing the I.A. No.10 filed by the petitioner in O.S. No.44/2017, interest of justice and equity. - 3 - NC: 2025:KHC-D:3558 WP No. 102363 of 2024 b) Pass any such appropriate orders as this Hon’ble Court deems fit, just and proper in the circumstances of this case, in the ends of justice and equity. 2. The respondents had filed a suit in O.S.No.44/2017 seeking for perpetual injunction against the defendants from disturbing the peaceful possession over the suit schedule properties. The petitioner had filed an application in I.A.No.10 under Order I Rule 10(2) of the Code of Civil Procedure, to be impleaded as a party defendant in the proceedings, saying that he had purchased the property and was in possession of the said property. The said application came to be dismissed vide order dated 30.01.2024, on the ground that the impleading applicant only claims to be the purchaser of the property and no relief being sought for was not a proper or necessary party. 3. Heard the learned counsel for the petitioner and perused the papers. - 4 - NC: 2025:KHC-D:3558 WP No. 102363 of 2024 4. The suit being one for perpetual injunction, any order passed will be binding only on the defendants in the said suit and not on the impleading applicant, who is not made a party to the said suit. In that view of the matter, I do not find any infirmity in the order passed by Trial Court. 5. Hence, the petition stands dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 9