- 1 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103941 OF 2025 (GM-CPC) BETWEEN: SRI MAJIDKHAN S/O AHMEDKHAN BIRADAR AGED ABOUT 58 YEARS R/O SAVANUR, TALUK SAVANUR, HAVERI DISTRICT 581 118. . …PETITIONER (BY SRI. SHARATH P. HANAMARADDI, ADVOCATE) AND: 1. SMT. SHAHJADBEGUM URF RAHAMAT KHATIB W/O MUSTAQKHAN BIRADAR AGED ABOUT 75 VEARS R/AT KAMALBANGADI ONI SAVANUR, TALUK SAVANUR HAVERI DISTRICT-581118. 2.SRI.MUSTAQKHAN S/O FIROZKHAN BIRADAR AGED ABOUT 80 VEARS R/AT KAMAL BANGADI ONI SAVANUR, TALUK SAVANUR HAVERI DISTRICT-581118 3.THE STATE OF KARNATAKA REP BY DEPUTY COMMISSIONER, HAVERI, DISTRICT HAVERI-581110 GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.14 11:05:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 4. THE ASSISTANT COMMISSIONER SAVANUR, SUB DIVISION, TALUK SAVANUR, DISTRICT HAVERI- 581118 5. THE DEPUTY COMMISSIONER, DHARWAD, (INCHARGE OF COURT OF WARDS). DIST DHARWAD-580001 6.THE ADDITIONAL DEPUTY COMMISSIONER DHARWAD, DIST DHARWAD-580001 7. THE TAHASILDAR SAVANUR, TALUK SAVANUR, DISTRICT HAVERI- 581118 8. SMT. ZAKIRA BEGUM W/O REHMANKHAN AFRIDI AGED ABOUT 61 YEARS R/AT HONNALLI, TALUK DAVANGERI, DIST DEVANGERI -577217 9. SMT. MAZIRA BEGUM W/O ABDULKARIM BIRADAR AGED ABOUT 59 YEARS R/AT SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 10. SMT. HAZIRA BEGUM W/O ABDULKARIM BIRADAR AGED ABOUT 59 YEARS R/AT SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 11. SMT. KUBRA BEGUM W/O TABREZKHAN BIRADAR, AGE ABOUT 50 YEARS R/AT SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 - 3 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 12. SMT. SOGRA BEGUM W/O AFZALKHAN BIRADAR, AGED ABOUT 47 YEARS R/AT BELGUM, DIST BELGUM -590001 13. AMADI BIDI S/O MOHAMMED MUNIRKHA KITTUR AGED ABOUT 45 YEARS R/AT DHARWAD,DIST DHARWAD- 580001 14. AMIRABI BARKATHAN AGED ABOUT 40 YEARS R/AT RANEBENNUR, DIST HAVERI- 581115 15. SMT. SALEHA BEGUM W/O FAYAZKHAN BIRADAR AGED ABOUT 56 YEARS R/AT HUBBALLI, DIST DHARWAD-580020 16. SMT. SALMA BEGUM MEHABOOBALI KHAN BIRADAR, AGED ABOUT 53 YEARS R/AT SAVANUR, TALUK SAVANUR DIST HAVERI- 581118 SMT. SABERA BEGUM W/O BARKAT FARUQI (SINCE DECEASED BY HER L.RS) 17. SRI NADEEM S/O BARKATALI FARUQI AGED ABOUT 52 YEARS R/AT NADAF BUILDING, OPP KHADI GRAMODYOG, BENGERI ROAD, KESHWAPUR, HUBBALLI-580023 18. SRI PARAVEZ S/O BARKATALI FARUQI AGED ABOUT 50 YEARS - 4 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 R/AT NADAF BUILDING, OPP KHADI GRAMODYOG, BENGERI ROAD, KESHWAPUR, HUBBALLI-580023 19. SMT. NEELOOFAR W/O ASLAM BIJAPURI AGED ABOUT 48 YEARS R/AT SHIVABASAVA NAGAR, BELGAUM- 590010 20. SMT. FARIDA BEGUM W/O MOHAMMEDKHAN BIRADAR AGED ABOUT 58 YEARS R/AT HUBBALLI-580001 21. SMT.ASIYA BEGUM W/O MAINODDIN MANSABADAR AGED ABOUT 65 YEARS R/AT HUBBALLI-580001 22. SMT. RAZIYA BEGUM W/O MOHEMMEDGOUS SOUDAGAR AGED ABOUT 65 YEARS R/AT BELGAUM – 590001 23. SMT. TEHARA BEGUM W/O AHMEDKHAN PATHAN AGED ABOUT 61 YEARS R/AT SAVANUR, TALUK SAVANUR, DIST HAVERI-581118 24. SMT. ZIA SULTANA BEGUM W/O FAQRUDDIN SAYED AGED ABOUT 57 YEARS R/AT BELGAUM-590001 25. SMT. SAHEDA BEGUM W/O SHERKHAN SOUDAGHAR AGED ABOUT 56 YEARS R/AT BELGAUM-590001 - 5 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 26. SMT. SALMA BEGUM W/O IBRAHIM QUADRI AGED ABOUT 54 YEARS R/AT BELGAUM-590001 27. SRI JAGADEESH S/O MAHARUDRAPPA SAIBANNAVAR AGED ABOUT 49 YEARS R/AT KORIPETH, SAVANUR, TALUK SAVANUR, DIST HAVERI- 581118 28. SRI BASAVARAJ S/O MAHARUDRAPPA SAIBANNAVAR AGED ABOUT 53 YEARS R/AT KORIPETH, SAVANUR, TALUK SAVANUR, DIST HAVERI- 581118 29. SRI RAVISHANKAR S/O LATE PUNDALIKASA HABIB AGED ABOUT 53 YEARS R/AT J.C. NAGAR, NEAR TOWN HALL, 4TH CROSS, HUBBALLI-580020 30. SRI GOVARDHAN S/O LATE PUNDALIKASA HABIB AGED ABOUT 53 YEARS R/AT J.C. NAGAR, NEAR TOWN HALL, 4TH CROSS, HUBBALLI-580020 31. SMT. PATMAVADI @ PADMAVATIBAI W/O ANANTARAJ HARARE AGED ABOUT 86 YEARS R/AT ‘C’ 5346, MAVEER GALLI, HUBBALLI- 580020 32. SRI. DILERKHAN S/O ABDUL KARIM KHAN BIRADAR - 6 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 AGED ABOUT 40 YEARS R/AT OLD BUNGALOW, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 33. SRI. FAZAL MOHAMMEDKHAN S/O ABDUL KARIM KHAN BIRADAR AGED ABOUT 38 YEARS R/AT OLD BUNGALOW, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 34. SRI ABDUL RAHEEMKHAN S/O ABDUL RASHID KHAN BIRADAR AGED ABOUT 65 YEARS R/AT OLD BUNGALOW, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 35. SRI MAHABOOBALIKHAN S/O DILER KHAN BIRADAR AGED ABOUT 80 YEARS R/AT OLD BUNGALOW, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 SRI VALI MOHAMMEDKHAN S/O DILER KHAN BIRADAR (SINCE DECEASED BY HIS L.RS) 36. SMT. REHANABEGUM W/O WALI MOHAMMED KHAN BIRADAR AGED ABOUT 73 YEARS R/AT MAVUR CROSS, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 37. SMT. FARHAT BEGUM W/O MAQSOOD AHMED BIJAPUR AGE ABOUT 52 YEARS R/AT H.NO.67, 5TH CROSS ROAD, - 7 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 SIMLA NAGAR, GUDIHAL ROAD, HUBBALLI- 580024 38. SRI FIRAJKHAN S/O WALI MOHAMMED KHAN BIRADAR AGE ABOUT 53 YEARS R/AT MAVUR CROSS, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 39. SRI ATAMOHAMMED KHAN S/O WALI MOHAMMED KHAN BIRADAR AGE ABOUT 51 YEARS R/AT MAVUR CROSS, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 40. SMT.FAIZANA BEGUM W/O SAJEED AHMED BIJAPUR AGE ABOUT 53 YEARS R/AT H.NO.67, 5TH CROSS ROAD, SIMLA NAGAR, GUDIHAL ROAD, HUBBALLI- 580024 41. SRI NIYAZ MOHAMMEDKHAN S/O DILER KHAN BIRADAR AGED ABOUT 69 YEARS R/AT OLD BUNGALOW, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 42. SRI MAJIDKHAN S/O DILERKHAN BIRADAR AGED ABOUT 65 YEARS R/AT OLD BUNGALOW, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 43. SRI TABREZKHAN S/O KHASAMKHAN BIRADAR AGED ABOUT 71 YEARS - 8 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 R/AT OLD MAHAL, COURT ROAD, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 SRI VALIMOHAMMEDKHAN S/O KHASAMKHAN BIRADAR (SINCE DECEASED BY HIS L.RS) 44. SRI ABDULRAHIMAN S/O VALIMOHAMEDKHAN BIRADAR AGED ABOUT 45 YEARS R/AT SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 45. SRI AMJADKHAN S/O KHASAMKHAN BIRADAR AGED ABOUT 63 YEARS R/AT COURT ROAD, SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 SRI HAMIDKHAN S/O KHASAMKHAN BIRADAR (SINCE DECEASED BY HIS L.RS) 46. SMT. SALMABEGUM W/O HAMIDKHAN BIRADAR AGED ABOUT 64 YEARS R/AT SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 47. SRI KHASIM-FAISAKHAN S/O HAMIDKHAN BIRADAR AGED ABOUT 41 YEARS R/AT SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 48. NAJIYABEGUM D/O HAMIDKHAN BIRADAR - 9 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 AGED ABOUT 39 YEARS R/AT SAVANUR, SAVANUR TALUK HAVERI DISTRICT- 581118 SRI RIYAZKHAN S/O RAUFKHAN BIRADAR (SINCE DECEASED BY HIS L.RS) SMT. REHANBEGUM W/O RIYAZKHAN BIRADAR AGED ABOUT 85 YEARS R/AT SAVANUR, TALUK SAVANUR HAVERI DISTRICT-581118 50. SMT.ALMASBEGUM W/O VAHIDKHAN HAKIM AGED ABOUT 65 YEARS R/AT BAAR IMAM KARVIR APARTMENT, PLOT NO.F-1, KOLHAPUR, DIST KOLHAPUR, MAHARASTRA-416003 51. SMT.AQDASBEGUM W/O RASIDKHAN BIRADAR AGED ABOUT 63 YEARS R/AT BADKI, KAMAL HYDRA MASJID, M.G. ROAD, HUBBALLI, DIST DHARWAD-580020 52. SRI ULFHATKHAN S/O RAYAZKHAN BIRADAR AGED ABOUT 59 YEARS R/AT MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI, DIST DHARWAD-580030 53. SRI ISHRATKHAN S/O RIYAZKHAN BIRADAR AGED ABOUT 57 YEARS R/AT KAMALA BANGADI STREET, - 10 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 SAVANUR, TALUK SAVANUR, DIST HAVERI-581118 54. SMT. MAZHARABEGUM W/O IMRANKHAN KITTUR AGED ABOUT 55 YEARS R/AT MALAMADDI, NEAR SHUSHRUTA HOSPITAL, DHARWAD- 580007 55. SRI ALTAFKHAN S/O RAUFKHAN BIRADAR AGED ABOUT 77 YEARS R/ATSAVANUR, TALUK SAVANUR HAVERI DISTRICT-581118 56. SRI AQALAQEKHAN S/O RAUFKHAN BIRADAR AGED ABOUT 74 YEARS R/AT KAMAL BANGADI ONI, SAVANUR, TALUK SAVANUR HAVERI DISTRICT-581118 57. SRI ATEQKHAN S/O RAUFKHAN BIRADAR AGED ABOUT 74 YEARS R/AT KAMAL BANGADI ONI SAVANUR, TALUK SAVANUR HAVERI DISTRICT-581118 SRI TABREZKHAN S/O AHMEDKHAN BIRADAR (SINCE DECEASED BY HIS L.RS) 58. SMT.KAMARTAJ W/O TABAREZKHAN BIRADAR AGED ABOUT 78 YEARS R/AT SAVANUR, TALUK SAVANUR HAVERI DISTRICT-581118 - 11 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 59. SRI NAVEED AHAMMADKHAN S/O TABAREZKHAN BIRADAR R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 60. SMT. TANZILJAHAN W/O HASSAN SHAIKH R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 61. SRI JUNEDKHAN S/O TABAREZKHAN BIRADAR R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 62. SRI AFZALKHAN S/O AHMEDKHAN BIRADAR AGED ABOUT 73 YEARS R/AT AZAD NAGAR BELGAUM, TALUK BELGAUM BELGAUM DISTRICT-590016 SRI ABDULWAHIDKHAN S/O HAKIMKHAN BIRADAR (SINCE DECEASED BY HIS L.RS) 63. SMT. SHAHERABEGUM W/O ABDULWAHIDKHAN BIRADAR AGED ABOUT 74 YEARS R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 64. SMT. SHABEERA W/O JAVEEDAHAMMAD JAGIRADAR AGED 50 YEARS R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 65. SRI RASHEEDKHAN S/O ABDULWAHIDKHAN BIRADAR AGED ABOUT 49 YEARS - 12 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 66. SRI MAJEEDKHAN S/O ABDULWAHIDKHAN BIRADAR AGED ABOUT 49 YEARS R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 67. SMT. FATIMA W/O AKABARKHAN PATHAN AGED ABOUT 42 YEARS R/AT SAVANUR, TALUK SAVANUR, HAVERI DISTRICT-581118 68. SRI MOHAMMED ISMAIL S/O ABDULRAHEEM BYAHATTI AGED ABOUT 79 YEARS R/AT HIG, 1ST CROSS,NAVANAGAR, HUBBALLI-580025 …RESPONDENTS (BY SRIYUTHS. SADIK KANVI, ADVOCATE FOR R1, C/R2 & R68; RAMESH B. CHIGARI, AGA FOR R3 TO R7; NOTICE TO R8 TO R67 IS DISPENSED WITH) -- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING I. TO ISSUE WRIT OF CERTIORARI TO SET-ASIDE THE IMPUGNED ORDER DATED. 04.06.2025 ON I.A. NO. LI (I.A. NO. 51) IN O.S. NO. 118 OF 2010 ON THE FILE OF THE CIVIL JUDGE, AND J.M.F.C. SAVANUR, AS PER ANNEXURE-A AND CONSEQUENTLY, ALLOW THE I.A. NO. LI (I.A. NO. 51) AS PER ANNEXURE-F AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 13 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. To issue writ of certiorari to set-aside the impugned order dated. 04.06.2025 on I.A. No. LI (I.A. No. 51) in O.S. No. 118 of 2010 on the file of the Civil Judge, and J.M.F.C. Savanur, as per Annexure-A and consequently, allow the I.A. No. LI (I.A. No. 51) as per Annexure-F. ii. Pass such other writ or directions or orders, as this Hon’ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner had filed a suit in O.S.No.118/2010 seeking for the following reliefs: A) Declare that the Plaintiffs are the legal heirs of deceased Smt. Nawazkhatu w/o Dilerkhan Biradar Nawab of Savanur B) Declare that the Judgment and Decree are obtained by defendant No. 1 in O.S. No. 171/84 on 30/10/1994 through misrepresentation and playing fraud upon the court. C) Consequently the defendant No. 1 be restrained from claiming the schedule-A properties as legal heir of deceased Nawazkhatu w/o Dilerkhan Biradar Nawab. D) Reserve the right to amend the plaint whenever deemed expedient under the circumstances of the case. - 14 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 3. In the said suit, alleging that defendant No.2 therein had sold a portion of the property to a third party, an application under Order I Rule 10(2) of the Code of Civil Procedure had been filed in I.A.No.51 to bring the said purchaser on record. The said application having been dismissed by way of the impugned order dated 04.06.2025, the petitioner is before this Court. 4. The submission of learned counsel for the petitioner is that, the purchaser is a proper and necessary party inasmuch as if the petitioner were to succeed in the suit, proceedings would have to be taken against the purchaser for execution of the decree, passed in favour of the petitioner. 5. Learned counsel for the proposed defendant No.30, submit that the proposed defendant No.30 would be bound by any decree passed in O.S.No.118/2010 and that the proposed defendant will not take up any - 15 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 defence in execution if an order is passed in favour of the plaintiff in O.S.No.118/2010. 6. Such a categorical submission having been made by the proposed defendant, the same would answer the grievance of the petitioner, inasmuch as the purpose of bringing the proposed defendant on record is to provide an opportunity to the proposed defendant to contest the suit and not raise any issues in future. The proposed defendant admittedly being a purchaser, the purchase having occurred during the pendency of the suit, Section 52 of the Transfer of Property Act is applicable to the said transaction. The proposed defendant having been put to notice of the said suit against the predecessors of the proposed defendant, and the proposed defendant having given up any defence in respect of the said purchase, I am of the considered opinion that a choice has been made by the proposed defendant, and if the petitioner were to succeed in the suit filed by the - 16 - HC-KAR NC: 2025:KHC-D:10172 WP No. 103941 of 2025 petitioner, the petitioner would be entitled to execute the same as against the defendants, and anyone claiming through or under them, which would include the proposed defendant, with the proposed defendant not being entitled to raise any defence either as an obstructor or otherwise. 7. With the above observation, the petition stands disposed of. 8. In view of the disposal of the above petition, all interim orders passed stand dissolved. Considering that the suit is of the year 2010, the Trial Court is requested to proceed and dispose of the matter as early as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT: PA List No.: 1 Sl No.: 19