- 1 - HC-KAR NC: 2025:KHC-D:15948 WP No. 101720 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101720 OF 2025 (GM-CPC) BETWEEN: 1. SRI. SHIVARAJA S/O BASAVARAJ SOMANAL, AGE. 27 YEARS, OCC. STUDENT, R/O. AGALKERA-583 234, TQ. AND DIST. KOPPAL. 2. KUMARI MANJULA D/O BASAPPA SOMANAL, AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O. AGALKERA-583 234, TQ. AND DIST. KOPPAL. 3. SMT. AMBAWWA W/O BASAPPA SOMANAL, AGE. 66 YEARS, OCC. HOUSEHOLD WORK, R/O. AGALKERA-583 234, TQ. AND DIST. KOPPAL. … PETITIONERS (BY SRI. BALAGOUDA A. PATIL, ADVOCATE) AND: 1. SRI. AMARAPPA S/O DODDAPPA SOMANAL, AGE. 66 YEARS, OCC. AGRICULTURE, R/O. AGALKERA-583 234, TQ. AND DIST. KOPPAL. 2. SRI. BASAPPA S/O DODDAPPA SOMANAL, AGE. 74 YEARS, OCC. AGRICULTURE, R/O. AGALKERA-583 234, TQ. AND DIST. KOPPAL. … RESPONDENTS (RESPONDENTS ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 14- 06-2024 ON I.A. NO.9 PASSED BY THE SENIOR CIVIL JUDGE AND CJM KOPPAL, IN O.S. NO.13/2021 PRODUCED AT ANNEXURE-A. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.25 11:59:11 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15948 WP No. 101720 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 defendants No.2 to 4/petitioners, who have been impleaded in a suit in O.S.No.13/2021 on the file of Senior Civil Judge, Koppal. 2. The plaintiff and defendant No.1 are brothers. The suit was filed in the year 2021 for partition. It appears that defendant No.1 transferred a portion of the suit properties in favour of defendants No.2 to 4 during the pendency of the suit. Consequently, the plaintiff filed an application seeking to implead the transferees during the pendency of the suit. The Trial Court allowed the application, and the proposed defendants No.2 to 4 were impleaded. 3. The impleaded defendants No.2 to 4 are before this Court assailing the said order, on the premise that, there has already been a partition between the plaintiff and defendant - 3 - HC-KAR NC: 2025:KHC-D:15948 WP No. 101720 of 2025 No.1, and therefore, the application ought not to have been allowed. 4. Whether there was a partition between the plaintiff and defendant No.1 is a matter to be adjudicated upon after recording evidence. Strictly speaking, defendants No.2 to 4 are not necessary parties, being pendente lite purchasers; however, by allowing the application, the Trial Court has permitted them to contest the matter. 5. Under these circumstances, the impugned order cannot be said to be erroneous, and no prejudice has been caused to defendants No.2 to 4, who are the petitioners before this Court. 6. With the above observations, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 77