- 1 - HC-KAR NC: 2025:KHC-D:13808 WP No. 105705 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. 105705 OF 2025 (GM-CPC) BETWEEN: SHRI GAYATRI URBAN CO-OPERATIVE CREDIT SOCIETY LTD., REPRESENTED BY ITS SECRETORY, SHRI. NAGARAJ S/O. IRANNA HUBLI, AGE. 52 YEARS, OCC. PRIVATE SERVICE, R/O. VADGAON, BELAGAVI. … PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. 2. 3. SMT. UMA D/O. DAREYAPPA WAGUKAR, AFTER MARRIAGE SMT. UMA W/O. MAJAPPA KARGE, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.320/B, CHAVADI GALLI, ANAND MARG, MADHAVPUR, VADAGAON, BELAGAVI–410 506. SMT. MAHADEVI D/O. DAREYAPPA WAGUKAR, AFTER MARRIAGE SMT. MAHADEV W/O. YALLAPPA KAMKAR, AGE: 63 YEARS, OCC: HOUSEHOLD, R/O: H.NO.86, CHAVADI GALLI, ANAND MARG, MADHAVPUR, VADAGAON, BELAGAVI–410 506. SMT. ANNAPURNA D/O. DAREYAPPA WAGUKAR, AFTER MARRIAGE SMT. ANNAPURNA W/O. VISHNUKANT MAKOTI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13808 WP No. 105705 of 2025 4. 5. 6. 7. 8. 9. 10. AGE: 61 YEARS, OCC: HOUSEHOLD, R/O: PLOT NO.35, KAMLESHWAR ROAD, MADHAVPUR, VADAGAON, BELAGAVI-410 506. SMT. NARASAWWA W/O. DAREYAPPA WAGUKAR, AGE: 85 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.1229, SARAF GALLI, SHAHAPUR, BELAGAVI–590 003. SMT. PARVATI W/O. SURESH BASKARI, AGE: 59 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.46/28, SAYADRI COLONY, BHAGYA NAGAR, ANGOL ROAD, BELAGAVI–590 006. SMT. HEMALATA W/O. RAMCHANDRA WAGUKAR, AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.1229, SARAF GALLI, SHAHAPUR, BELAGAVI–590 003. SMT. MALAPRABHA W/O. MANOJ RASAL, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O: JAWALA VILLAGE, TQ: SANGOLA, DIST: SOLAPUR–413 309. SMT. GHATAPRABHA W/O. CHANDRAKANT METRE, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: SANGRAM CHOWK, METRE GALLI, ICHALKARANJI, DIST: KOLHAPUR–416 115. SMT. PRABHAVATI W/O. HEMANT UNAURE, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: WARUJI PATHA, KARAD, DIST: SATARA– 415 510. SHRI. GOVIND S/O. RAMCHANDRA WAGUKAR, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: H.NO.1229, SARAF GALLI, - 3 - HC-KAR NC: 2025:KHC-D:13808 WP No. 105705 of 2025 11. 12. 13. 14. 15. 16. 17. SHAHAPUR, BELAGAVI–590 003. SHRI. RAVI SONI, AGE: 50 YEARS, OCC: BUSINESS, R/O: REYON TRADERS, DARIYAPPA COMPLEX, MARGAMMA GALLI, KHASBAG, BELAGAVI–590 003. SHRI. HANUMAN S/O. GOVIND MANNUR, AGE: 55 YEARS, OCC: BUSINESS, R/O: RATION SHOP NO.255, DARIYAPPA COMPLEX, MARGAMMA GALLI, KHASBAG, BELAGAVI–590 003. SHRI. IMRAN S/O. ABDULGAFFAR NARGUND, AGE: 50 YEARS, OCC: BUSINESS, R/O: DARIYAPPA COMPLEX, MARGAMMA GALLI, KHASBAG, BELAGAVI–590 003. SHRI. VENKATESH S/O. GURUNATH PAWAR, AGE: 70 YEARS, OCC: BUSINESS, R/O: MUNICIPAL NO.549/A2, SONAR GALLI, BELAGAVI–590 005. SHRI. L.C. MALU, AGE: 65 YEARS, OCC: BUSINESS, R/O: MUNICIPAL NO.549/A2, SONAR GALLI, BELAGAVI–590 005. SHRI. SACHIN S/O. KAYANALAL ZAMWAR, AGE: 50 YEARS, OCC: BUSINESS, R/O: MUNICIPAL NO.549/A2, SONAR GALLI, BELAGAVI–590 005. SHRI. ANAND S/O. CHANDRAKANT ZANWAR, AGE: 57 YEARS, OCC: BUSINESS, R/O.: MUNICIPAL NO.549/A2, SONAR GALLI, - 4 - HC-KAR NC: 2025:KHC-D:13808 WP No. 105705 of 2025 18. 19. 20. 21. BELAGAVI–590 005. SHRI. DONDIBBA S/O RAMCHANDRA MUCHANDIKAR, AGE: 65 YEARS, OCC: BUSINESS, R/O: BASWAN GALLI, KHASBAG, BELAGAVI–590 003. SHRI. MOHAN S/O. VITHAL MUTTANGI, AGE: 83 YEARS, OCC: BUSINESS, R/O: H.NO.282/1, BASWAN GALLI, KHASBAG, BELAGAVI–590 003. SHRI. CHIDAMBAR S/O. PRABHAKAR DESHPANDE, AGE: 58 YEARS, OCC: TRADE, R/O: H.NO.327, ROY ROAD, TILAKWADI, BELAGAVI–590 006. SMT. SARASWATI W/O. GANGAPPA DHAVALI, AGE: 71 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO.406, BHARAT NAGAR, VADDAR CHAVANI, SHAHAPUR, BELAGAVI–590 006. … RESPONDENTS (NOTICE TO R21, R8, R12, R14 TO R18 ARE DISPENSED WITH; STEPS IN RESPECT OF DECEASED R4, R6 AND R19 ARE DISPENSED WITH; NOTICE TO R1 TO R3, R5, R7, R9 TO R11, R13, R20 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 01-07- 2025 PASSED BY THE LEARNED III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI ON IA NO.30 IN OS NO.221/2010 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:13808 WP No. 105705 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner/proposed defendant No.19, assailing the order dismissing the petitioner’s application in O.S.No.221/2010 on the file of Principal Senior Civil Judge, Belgaum, filed under Order I Rule 10(1) read with Section 151 of the Code of Civil Procedure, 19081. 2. 2. The petitioner intended to come on record in a suit for partition and separate possession filed by respondents No.1 to 3. The application is rejected, accepting the objections filed by plaintiffs No.1 to 3/respondents No.1 to 3. 3. The remaining parties did not oppose the application filed by the petitioner to come on record. 4. Respondents No.4 to 7, though filed a statement of objections to the said application, admitted the fact that the property in question was mortgaged in favour of the petitioner. 1 Hereinafter referred to as the ‘CPC’ - 6 - HC-KAR NC: 2025:KHC-D:13808 WP No. 105705 of 2025 5. Learned counsel for the petitioner submits that the petitioner has obtained an award against respondents No.7 to 10, and the said award also discloses that one of the suit properties, namely Item No.8, is mortgaged in favour of the petitioner/Society. It is further submitted that Item No.8 was subsequently inserted in the suit in the year 2019. 6. Learned counsel for the petitioner would also submit that, in view of the mortgage created in favour of the petitioner/Society, an interest is created in favour of the petitioner/Society in respect of the property which is mortgaged and as such petitioner would be a necessary party. 7. The contesting parties though served with the notice have remained absent. 8. The mortgage of Item No.8 property and award in favour of petitioner is not in dispute. This Court is of the view that the petitioner has an interest in the property described as Item No.8 property. To ensure that there is no multiplicity of litigation, the Court deems that petitioner is also a necessary - 7 - HC-KAR NC: 2025:KHC-D:13808 WP No. 105705 of 2025 party to the proceedings, or if not, a proper party to the proceeding. 9. It is also relevant to notice that, in case the petitioner is arrayed as a party to the proceeding, he can object to any collusive act on the part of the plaintiffs and defendants, which may be aimed at defeating the petitioner's interest. 10. Hence the following: ORDER a) The writ petition is allowed. b) The order passed in O.S.No.221/2010 on the file of Principal Senior Civil Judge, Belgaum, under Order I Rule 10(1) read with Section 151 of the CPC, is hereby set aside. c) The application by the petitioner to come on record is allowed. The petitioner is permitted to be brought on record as defendant No.19. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK/LIST NO.: 1 SL NO.: 22