- 1 - HC-KAR NC: 2025:KHC-D:16650 WP No. 100787 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100787 OF 2022 (GM-CPC) BETWEEN: SRI. RAJANIKANT S/O RUPACHAND SHAHA, AGE: 62 YEARS OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. … PETITIONER (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: 1. SRI. HARICHANDRA S/O SHRIPATI KAMBLE, AGE: 71 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 2. SRI. NARAYAN S/O SHRIPATI KAMBLE, AGE: 60 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 3. SRI. RAJENDRA S/O SHRIPATI KAMBLE, AGE: 45 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 4. SMT. SHREVANTI W/O MALHARI GHODAKE, AGE: 67 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 5. SMT. MADHURI W/O SUBHASH GHODAKE, AGE: 59 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16650 WP No. 100787 of 2022 DIST: BELAGAVI-590 001. 6. SOU. SARITHA VIJAY GHODAKE, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 7. SRI. TUKARAM S/O DATTU KAMBLE, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 8. SOU. PRAMILA W/O RAVINDRA KAMBLE, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 9. SMT. MANISHA W/O AMOL GHODAKE, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 10. SRI. KIRAN S/O RAVINDRA KAMBLE, AGE: 28 YEARS, OCC: STUDENT, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 11. KUM. VARSHA D/O RAVINDRA KAMBLE, AGE: 27 YEARS, OCC: STUDENT, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 12. SRI. KRISHNA S/O DATTU KAMBLE, AGE: 55 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 13. SMT. SUNANDA W/O HINDHURAO GHODAKE, AGE: 57 YEARS, OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. - 3 - HC-KAR NC: 2025:KHC-D:16650 WP No. 100787 of 2022 14. SMT. PRABHAVATI W/O PUNDLIK KALAGE, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/A: TOPPA, TAL: HARKANAGALE, DIST: KOLHAPUR, STATE: MAHARASHTRA. 15. SMT. MANGAL W/O EKANATH KALAGE, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 16. SRI. SURESH S/O BAPU KAMBLE, AGE: 77 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 17. SMT. CHAMPABAI W/O DASHRAT KAMBLE, AGE: 62 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 18. SRI. RAMACHADRA S/O MARUTI KAMBLE, AGE: 57 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 19. SRI. ASHOK S/O MARUTI KAMBLE, AGE: 56 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 20. SRI. BHARATH S/O MARUTI KAMBLE, AGE: 50 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 21. SRI. BABASAHEB S/O MATURI KAMBLE, AGE: 47 YEARS OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI. - 4 - HC-KAR NC: 2025:KHC-D:16650 WP No. 100787 of 2022 22. SMT. REKHA W/O BABU SHARABIDRE, AGE: 61 YEARS OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 23. SMT. SHOBHA W/O NAGESH MOHITE, AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/A: PARAGOAN KADOLI HATKANGALE, DIST: KOLHAPUR, STATE: MAHARASHTRA. 24. SMT. KAVATIA W/O ANIL SHARABIDRE, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 25. SRI. YASHAWANTH S/O SHRIPATI KAMBLE, AGE: 72 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI-590 001. 26. SRI. BHARMAGOUDA S/O ALAGOUDA KAGE, AGE: 61 YEARS, OCC: AGRICULTURE, R/A: UGARKHOD, TAL: ATHANI, DIST: BELAGAVI. … RESPONDENTS (BY SRI. SANJAY S. KATAGERI, ADVOCATE FOR R1 TO R12 AND R14 TO R15; NOTICE TO R17 TO R26 IS DISPENSED WITH; NOTICE TO R13 AND R16 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION TO AND SET ASIDE THE ORDER PASSED BY PRL. SENIOR CIVIL JUDGE ATHANI IN O.S. NO.163/2014 ON I.A. NO.10 DATED 25.01.2022 COPY AS ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:16650 WP No. 100787 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order marked as Annexure- G dated 25.01.2022 passed on I.A.No.10 in O.S.No.163/2014 on the file of Principal Senior Civil Judge, Athani1. 2. The Trial Court rejected the said application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908, seeking amendment of the written statement. 3. In the written statement, the defendants sought an amendment asserting that the suit is bad for non-joinder of necessary parties. It is noticed that the Trial Court has gone into the merits of the proposed amendment and rejected it. 4. Upon considering the materials on record, it is noticed that the plaintiffs have challenged the Sale Deed executed by eight persons, but except for one executant, the remaining executants are not made parties to the suit. The defendants are therefore justified in raising this contention. 5. With these observations, the following: 1 For short, ‘Trial Court’ - 6 - HC-KAR NC: 2025:KHC-D:16650 WP No. 100787 of 2022 ORDER a) The petition is allowed. b) The order marked as Annexure-G dated 25.01.2022 passed on I.A.No.10 in O.S.No.163/2014 on the file of Principal Senior Civil Judge, Athani, is set aside. c) Since the Court has noticed that the executants of the Sale Deed are also necessary parties, the plaintiffs shall implead them as parties to the said proceeding. d) The judgment shall not be pronounced until the amendment is carried out, the parties are impleaded, and heard. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 31