- 1 - HC-KAR NC: 2025:KHC-D:14275 WP No. 107527 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107527 OF 2025 (GM-CPC) BETWEEN: SURESH S/O RAMANAGOUDA BATAKURKI, AGE. 52 YEARS, OCC. CHIEF EXECUTIVE OFFICER, KRISHNA CO-OP. CREDIT SOCIETY LTD., BILAGI, TQ. BILAGI, DIST. BAGALKOT, PIN-587 116. … PETITIONER (BY SRI. B.B. BALLARI, ADVOCATE) AND: 1. SRI. DODDAPPA MALLAPPA KALAPPAGOL, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. SONNA, TQ. BILAGI, DIST. BAGALKOT, PIN-587 116. 2. SOMALU S/O DEVULU LAMANI, AGE. 77 YEARS, OCC. AGRICULTURE, R/O. NAGARAL L.T., TQ. BILAGI, DIST. BAGALKOT, PIN-587 116. 3. SHANKAR S/O SOMALU LAMANI @ CHAVAN, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. NAGARAL L.T., TQ. BILAGI, DIST. BAGALKOT, PIN-587 116. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, BILAGI PASSED IN O.S. NO.140/2023 ON I.A. NO.II DATED 11/08/2025 VIDE ANNEXURE-F AND ALLOW THE I.A. NO.II FILED BY THE PETITIONER SEEKING FOR IMPLEADING AS DEFENDANT NO.3 IN O.S. NO.140/2023 FILED UNDER ORDER I RULE 10 R/W SECTION 151 OF THE CODE OF THE CIVIL PROCEDURE IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14275 WP No. 107527 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) The petition is filed assailing the order dismissing the petitioner's application under Order I Rule 10 of Code of Civil Procedure to come on record in O.S.No.140/2023 on the file of the Senior Civil Judge, Bilagi. 2. The petitioner claims that the vendor of defendant No.1 had mortgaged the property in question in favour of the petitioner-Society by way of deposit of title deeds. Petitioner claims that original title deeds are with the petitioner-Society and subsequent to mortgage by deposit of title deeds, the property has been sold in favour of defendant No.1. 3. It is also a submission that there is an award in favour of the petitioner-Society which is marked as Annexure-B. It is also further submitted that the property is sold after the award. Hence, application to come on record - 3 - HC-KAR NC: 2025:KHC-D:14275 WP No. 107527 of 2025 is sought to be filed in the suit for specific performance of contract, to which, the petitioner-Society is not a party. 4. Since the petitioner claims that it has a mortgage in its favour in respect of the suit schedule property prior to the sale in favour of defendant No.1 and prior to the agreement for sale in favour of the plaintiff, this Court is of the view that the petitioner’s interest, if any, over the property is not affected and the petitioner is not a necessary party to the said suit for specific performance of contract. 5. If there is a valid mortgage the petitioner is at liberty to proceed as advised in law pursuant to the equitable mortgage which is said to be in favour of the petitioner and also the award in favour of the petitioner. 6. Petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA/CT:BCK/LIST NO.: 1 SL NO.: 8