- 1 - NC: 2025:KHC-D:7126 WP No. 102886 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO. 102886 OF 2025 (GM-CPC) BETWEEN: SHRI. SIDDAPPA @ SHIDDAPPA S/O. NINGAPPA KURI AGE: 27 YEARS, OCC: AGRICULTURE, R/O. MALAKANAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD-581196. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. NINGAPPA S/O. SHIDDAPPA KURI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O. MALAKANAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD-581196. 2. BASAPPA S/O. SHIDDAPPA KURI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: MALAKANAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD-581196. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:7126 WP No. 102886 of 2025 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, DHARWAD-580011. 4. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, DHARWAD-580011. 5. THE GOVERNMENT OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560001. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R3 TO R5; SRI. S.B. PATIL, ADVOCATE FOR C/R1 & R2) ------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 08.01.2025 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND JMFC, DHARWAD IN LAC NO.28/2009 ON I.A.FILED UNDER ORDER 1 RULE 10(2) R/W SECTION 151 OF C.P.C. VIDE ANNEXURE-F AND ALLOW I.A. FOR IMPLEADING. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:7126 WP No. 102886 of 2025 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 08.01.2025, passed by the II Addl. Senior Civil Judge and JMFC, Dharwad, in LAC No.28/2009, produced as per Annexure-F, rejecting the application seeking impleadment of the petitioner as one of the claimants. 2. Heard Sri.Sadiq N. Goodwala, learned counsel for the petitioner, Sri. S. B. Patil, learned counsel for respondents No.1 and 2 and Sri. Praveen K. Uppar, learned HCGP for respondents No.3 to 5. Perused the materials on record. 3. It is the contention of the petitioner that, he is one of the brothers of respondent Nos.1 and 2 and he is also entitled for the compensation that was awarded by the Land Tribunal. He filed an application under Order I, Rule 10(2) read with Section 151 of CPC, claiming to be - 4 - NC: 2025:KHC-D:7126 WP No. 102886 of 2025 impleaded in the proceedings before the Trial Court. However, the same came to be rejected by passing the impugned order. 4. Learned counsel for respondent Nos.1 and 2 herein, being the claimant Nos.1 and 2 before the Trial Court, filed a memo stating no objection to allow the writ petition, as there is already a compromise decree amongst the brothers, and as per the compromise decree, the petitioner is entitled for the compensation amount. The memo is said to have been signed by respondent Nos.1 and 2, and their signatures are identified by Sri.S. B. Patil, learned counsel for respondent Nos.1 and 2. 5. The only ground for the Trial Court to pass the impugned order rejecting the application filed by the petitioner for impleading is that, the petitioner has not sought for reference, and as per the judgment, it is only the claimants, who are entitled for enhanced compensation. But when both the claimants, who are respondent Nos.1 and 2 before this Court, have no - 5 - NC: 2025:KHC-D:7126 WP No. 102886 of 2025 objection to implead the petitioner as the claimant, I do not find any reason to support Annexure-F. 6. In view of the above, I am of the opinion that this petition is to be allowed by quashing the impugned order, produced as per Annexure-F, and allowing the application for impleadment filed by the petitioner before the Trial Court. 7. Hence, I proceed to pass the following: ORDER i. Writ Petition is allowed. ii. Impugned order dated 08.01.2025, passed by II Addl. Senior Civil Judge and JMFC, Dharwad, in LAC No.28/2009, on I.A., produced as per Annexure-F, is quashed. iii. Consequently, the I.A. filed under Order I, Rule 10(2) read with Section 151 of CPC, filed by the petitioner before the Trial Court is allowed. - 6 - NC: 2025:KHC-D:7126 WP No. 102886 of 2025 iv. The petitioner is ordered to be impleaded as one of the claimants along with respondent Nos.1 and 2. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 3 Sl No.: 33