- 1 - HC-KAR NC: 2025:KHC-D:15607 WP No. 106937 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106937 OF 2024 (GM-CPC) BETWEEN: SRI. P. VENKATESHWARALU S/O P. SHESHANNA, AGE. 63 YEARS, OCC. BUSINESS, R/O. HOUSE NO.6, T.S. NO.292, T.B. SANATORIUM ROAD, NEAR BELAGAI CROSS, BALLARI-583 101. … PETITIONER (BY SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. SRI. RAJKUMAR S/O LATE M. GOPALKRISHNA, AGE. 46 YEARS, OCC. SOFTWARE ENGINEER, R/O. C/O. P.D. NAGARAJ, OPPOSITE TO DR. RADHA KRISHNA NILAYA, ANNJINEYA NAGAR, COWL BAZAR, BALLARI-583 101. 2. SRI. LAKKASANI ANJINEYALU S/O VARADARAJULU, AGE. 51 YEARS, R/O. BOMMANAHAPALLI VILLAGE AND POST MADDIKERA MANDAL, TAL. PATT KONDA, DIST. KURNOOL-581 001, STATE: ANDHRA PRADESH. 3. SRI. J. ANJINEYALU S/O NETTIKANTAIAH, AGE. 44 YEARS, R/O. B.S. COMPOUND, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.20 12:45:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15607 WP No. 106937 of 2024 KAPPAGAL ROAD, BALLARI-583 101. 4. SRI. BHARATHKUMAR S/O LATE GOPALAKRISHNA, AGE. 64 YEARS, OCC. SOFTWARE ENGINEER AND MINES BUSINESS, R/O. C/O. P.D. NAGARAJ, OPP. DR. RADHAKRISHNA NILAYA, RAMANEJENEYA NAGAR, BALLARI-583 101. 5. SRI. MALLIKARJUNA S/O LATE GOPALAKRISHNA, AGE. 62 YEARS, OCC. COFFEE POWDER WORKS, R/O. C/O. P.D. NAGARAJ, OPP. DR. RADHAKRISHNA NILAYA, RAMANEJENEYA NAGAR, BALLARI-583 101. 6. SMT. VARALAKSHMI D/O GOPALAKRISHNA, AGE. 58 YEARS, R/O. C/O. P.D. NAGARAJ, OPP. DR. RADHAKRISHNA NILAYA, RAMANEJENEYA NAGAR, BALLARI-583 101. … RESPONDENTS (BY SMT. JYOTI P. DESAI, ADVOCATE FOR R1, R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 01/10/2024 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, BALLARI ON I.A. NO.72 IN O.S. NO.119/2013 MARKED AT ANNEXURE-A AND GRANT ANY OTHER RELIEF AS DEEMED FIT, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15607 WP No. 106937 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 01.10.2024 dismissing the application filed by defendant No.3 to implead defendants No.4 to 6 as parties to the proceeding. 2. It is noticed that the suit is one for declaration and possession. The plaintiff does not admit the contention of defendant No.3 relating to the alleged lease deed dated 28.03.2011 in favour of proposed defendant No.4 said to have been executed in favour of defendant No.4. 3. Proposed defendants No.5 and 6 are said to be the brother and sister of the plaintiff who have executed registered gift deed in favour of the plaintiff. 4. Whether the lease deed is validly executed or not is a matter which required to be adjudicated after recording the evidence. In case, the execution of the lease deed is proved, proposed defendant No.4 would also be a necessary party to the proceeding as he would be in possession of the property. Since it is said to be unregistered lease deed, the - 4 - HC-KAR NC: 2025:KHC-D:15607 WP No. 106937 of 2024 lease will be valid only for a period of 11 months if proved. However, in that event tenant has to be evicted in due process of law. 5. Under these circumstances, this Court is of the view that defendant No.4 would also be a necessary party to the proceedings. Since defendants No.5 and 6 are said to have executed a gift deed in favour of the plaintiffs, they are also proper parties if not necessary parties. 6. Hence, the following: ORDER i. The petition is allowed. ii. Impugned order dated 01.10.2024 is set aside. iii. Plaintiff shall implead defendants No.4 to 6 as party to the proceeding. iv. The Trial Court shall issue notice to defendants No.4 to 6. - 5 - HC-KAR NC: 2025:KHC-D:15607 WP No. 106937 of 2024 v. The Court has not expressed any opinion on the merit of the lease deed dated 28.03.2011 said to have been executed. Same has to be proved in the manner known to law. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 8