- 1 - HC-KAR NC: 2025:KHC-D:18308 WP No. 107419 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107419 OF 2024 (GM-CPC) BETWEEN: SMT SANTOSHI W/O PARASHURAM MANE AGE: 48 YEARS, OCC: HOUSEHOLD R/O: NAVALUR CHAVANI, NAVALUR, TQ: DHARWAD-580004 …PETITIONER (BY SRI. K L PATIL, ADVOCATE) AND: 1. SMT GANGAVVA D/O HANAMANTAPPA VAGGAR AFTER MARRIAGE CALLED AS SMT. GANGAVVA W/O SIDDAPPA GORAVANAKOLLA AGE: 66 YEARS, OCC: HOUSEHOLD R/O: KELAGERI, DHARWAD-580008 SMT. MALAVVA D/O HANAMANTAPPA VAGGAR DECEASED BY HER LR’S 2. VITHAL S/O RAMAPPA GORAVANKOLLA AGE: 43 YEARS, OCC: AGRICULTURE , R/O: KURUBA ONI, NEAR BHOOSAPPA CHOWK DHARWAD-580001 3. SMT. SEEMA W/O GANGAPPA UNDI AGE: 40 YEARS, OCC: HOUSEHOLD, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18308 WP No. 107419 of 2024 R/O: KURUBAR ONI, NEAR BHOOSAPPA CHOWK DHARWAD-580001 4. FAKIRAPPA S/O MADIWALAPPA GARAGAD AGE: 30 YEARS, OCC: PVT WORK, R/O: KELAGERI, DHARWAD-580008 5. HANAMANTAPPA S/O NELAPPA VAGGAR AGE: 36 YEARS, OCC: PVT WORK R/O: NUGGIKERI VILLAGE, TQ: DHARWAD-580007 GADIGEVA W/O HANAMANTAPPA VAGGAR (SINCE DECEASED BY LRS ) 6. YEGAPPA S/O HANAMANTAPPA VAGGAR AGE: 55 YEARS, OCC: AGRICULTURE, R/O: NUGGIKERI VILLAGE TQ: DHARWAD -580007 7. MAHADEVAPPA S/O FAKIRAPPA VAGGAR AGE: 52 YEARS, OCC:AGRICULTURE, R/O: NUGGIKERI VILLAGE, TQ . DHARWAD-580007 8. MARUTI S/O FAKIRAPPA VAGGAR AGE: 37 YEARS, OCC: AGRICULTURE, R/O: NUGGIKERI VILLAGE, TQ: DHARWAD-580007 9. SAHADEV S/O FAKIRAPPA VAGGAR AGE: 35 YEARS, OCC: AGRICULTURE, R/O: NUGGIKERI VILLAGE, TQ: DHARWAD-580007 10. SMT. KAMALAVVA W/O KALLAPPA BEVINKOPPA - 3 - HC-KAR NC: 2025:KHC-D:18308 WP No. 107419 of 2024 AGE: 30 YEARS, OCC: HOUSEHOLD, R/O: KELAGERI, TQ: DHARWAD-580008 11. MAILARAPPA S/O NEELAPPA VAGGAR AGE: 34 YEARS, OCC: PVT WORK, R/O: AMBLIKOPPA, TQ: DHARWAD-580118 12. PARMESHWAR S MALAKARI AGE: 41 YEARS, OCC: PVT. SERVICE R/O: LAKAMANAHALLI, TEJASWINAGAR, DHARWAD-580002 …RESPONDENTS (BY SRI. IRANAGOUDA K. KABBUR, ADV. FOR R1 TO R5; SRI. GIRISH V. BHAT, ADV. FOR R12; NOTICE TO R6 TO R11 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT OF CERTIORARI AND ANY OTHER WRIT ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 26.10.2024 PASSED BY THE 3RD ADDL. CIVIL JUDGE & JMFC, DHARWAD ON I.A. NO. 14 IN O.S. NO. 12/2012 VIDE ANNEXURE E AND FURTHER DISMISS THE IA NO. 14 FILED UNDER ORDER 1 RULE 10(2) CPC VIDE ANNEXURE D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - HC-KAR NC: 2025:KHC-D:18308 WP No. 107419 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 26.10.2024 in I.A.No.14 in O.S.No.12/2012 on the file of III Additional Civil Judge, Dharwad, permitting the proposed defendant No.9 to come on record. 2. Defendant No.9 claims to be an agreement holder from the plaintiff. Admittedly, the sale deed is not executed. Proposed defendant No.9/applicant has not yet filed any suit for specific performance of contract. Under these circumstances, the presence of defendant No.9 is not necessary in a suit for partition and separate possession filed by the alleged vendor of defendant No.9. 3. Accordingly, the writ petition is allowed. The impugned order is set-aside. Defendant No.9 is at liberty to pursue his remedies as available in law. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN/CT CNB List No.: 1 Sl No.: 89