- 1 - HC-KAR NC: 2025:KHC-D:17038 WP No. 101066 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101066 OF 2022 (GM-CPC) BETWEEN: SHRI CHANABASANAGOUDA S/O. SHIVANAGOUDA PATIL, AGE. 36 YEARS, OCC. PRIVATE SERVICE, R/O. C/O. SHARANABASAYYA HIREMATH, UMASHANKAR NAGAR, NEAR LAXAMI TEMPLE, RANIBANNUER, TQ. RANIBANNUR, DIST. HAVERI, REPRESENTED BY HIS G.P.A. HOLDER, SHRI. SHARANABASAYYA HIREMATH, AGE. 50 YEARS, OCC. AGRICULTURE, R/O. UMASHANKAR NAGAR, NEAR LAXAMI TEMPLE, RANIBANNUER, TQ. RANIBANNUR, DIST. HAVERI. … PETITIONER (BY SRI. SANTOSH B. RAWOOT, ADVOCATE FOR SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. SMT. ANASUYA W/O. SHIVAYYA RACHANNAVAR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. KATTUR, TQ: HUBBALLI DIST: DHARWAD. 2. SMT. PARVVATAWWA W/O. GADIGAYYA HIREMATH, AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O. MORAB VILLAGE, TQ: NARGUND, DIST: DHARWAD. 3. SMT. PARVVATAWWA W/O. SHIVANAGOUDA PATIL, DELETED SINCE DECEASED RESPONDENT NOS.4 TO 6 ARE THE LEGAL REPRESENTATIVES OF THE DECEASED RESPONDENT NO.3. 4. SHRI. GANGANAGOUDA S/O SHIVANAGOUDA PATIL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17038 WP No. 101066 of 2022 5. SHRI. BASANAGOUDA S/O SHIVANAGOUDA PATIL, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. 6. SHRI. CHANDRAGOUDA S/O SHIVANAGOUDA PATIL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. 7. SHRI. MANJUAGOUDA S/O SHIVANAGOUDA PATIL, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. 8. SMT. SHASHIKALA W/O SHIVALINGAYYA HIREMATH, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. 9. SMT. LALITA W/O SHAKARGOUDA HIREMATH, AGE: 52 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. 10. SMT. GANGAVVA W/O SHANKARGOUDA PATIL, AGE: 78 YEARS, OCC: AGRICULTURE, R/O. C/O. MANJUNATH GADIGAYYA HIREAMTH, SHIVASHKATI NAGAR, HOOLI CONDUCTOR HOUSE, KELAGARI, TQ: AND DIST: DHARWAD. 11. KUMARI. BASAWWA D/O SHANKARAGOUDA PATIL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. 12. SHRI. MANJUNATH S/O. NAGAPPA BIKKANNAVER, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. MURTHUNYA NAGAR, DHARWAD TQ: AND DIST: DHARWAD. 13. SHRI. MANJUNATH S/O. BASAPPA KADAM, AGE: 45 YEARS OCC: AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:17038 WP No. 101066 of 2022 R/O. KELAGERI, TQ: AND DIST: DHARWAD. 14. SHRI. PRAKASH S/O. SANGAPPA GHANTI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. KELAGERI, TQ: AND DIST: DHARWAD. 15. SHRI. BASAPPA S/O. IRAPPA TAHASHILDAR, AGE: 62 YEARS, OCC: AGRICULTURE, R/O. KELAGERI, TQ: AND DIST: DHARWAD. 16. SHRI. TOPANAGOUDA S/O. CHANNABASANGOUDA PATIL, AGE: 63 YEARS, OCC: AGRICULTURE, R/O. POLICE GOUDAR ONI, KELAGARI, TQ: AND DIST: DHARWAD. 17. SMT. SHWANTRAWWA @ SAVITHRI W/O. GANGAYYA HIREMATH, AGE: 66 YEARS, OCC: HOUSEHOLD, R/O. SHAKATINAGAR, KELAGARI, TQ: AND DIST: DHARWAD. … RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R13 TO R15; SRI. S.S. BETURMATH, ADVOCATE FOR R12; SRI. ROHIT S. PATIL, ADVOCATE FOR R4 TO R6; NOTICE TO R1 IS DISPENSED WITH; NOTICE TO R2, R7, R8, R10, R11, R16, R17 IS SERVED; NOTICE TO R9 IS SERVICE HELD SUFFICIENT; R4 TO R9 ARE TREATED AS LR’S OF R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ORDER DATED 02.03.2022 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND JMFC-II, DHARWAD ON APPLICATIONS IN O.S. NO.351/2012, VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17038 WP No. 101066 of 2022 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 02.03.2022 allowing the pendente lite purchasers to come on record in a suit for partition and separate possession. 2. Learned counsel for the petitioner would submit that the pendente lite purchasers are not necessary parties. They are bound by the judgment and decree to be passed in the suit in O.S.No.351/2012 and to the extent of share to be allotted to the vendors of the pendente lite purchasers, they can come on record in a final decree proceeding and not earlier to that. 3. Learned counsel for the pendente lite purchaser would submit that since the property is sold and the dispute is between the family members, it is quite possible that the vendor may not effectively defend the suit by bringing to notice the previous transactions. 4. The Court has considered the contentions raised at the Bar and perused the records. - 5 - HC-KAR NC: 2025:KHC-D:17038 WP No. 101066 of 2022 5. The law relating to pendente lite purchaser is well established. The purchaser will acquire right to the property depending upon the outcome of the suit. However, since the contention is raised that the vendor may not effectively defend the suit by producing the materials relating to the previous transactions, the Court is of the view that, to do complete justice the pendente lite purchaser should also be made as a party and the order passed by the Trial Court in this case need not be interfered with. 6. However, it is made clear that merely because the pendente lite purchasers are allowed to come on record, it cannot be construed that their defence is already established and upheld. It is for the pendente lite purchasers to establish their defence. 7. Hence, without expressing anything on the merits of the claim of the pendente lite purchasers, the following: ORDER i. Writ petition is dismissed. - 6 - HC-KAR NC: 2025:KHC-D:17038 WP No. 101066 of 2022 ii. The pendente lite purchaser shall file the written statement within 30 days from the date of receipt of the copy of this order. iii. The petitioner shall not seek unnecessary adjournment and shall cooperate for early disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 36