- 1 - NC: 2025:KHC-D:4404 WP No. 104571 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 104571 OF 2024 (GM-CPC) BETWEEN: 1. SRI. MAHESH S/O MALLAPPA PUJAR, AGE: 42 YEARS, OCC: COOLIE, R/O: ANNIGERI, TQ: NAVALGUND, DIST: DHARWAD-582 205. 2. SRI. VEERESH S/O MALLAPPA PUJAR, AGE: 40 YEARS, OCC: PRIVATE WORK, R/O: ANNIGERI, TQ: NAVALGUND, DIST: DHARWAD-582 205. … PETITIONERS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. THE HEAD MASTER, SRI. SIDRAMESHWAR HIGH SCHOOL, ANNIGERI, TQ: ANNIGERI, DIST: DHARWAD-582 201. 2. SMT. SHANTA W/O SHEKHAR SALAMANI, AGE: 56 YEARS, OCC: HOME MAKER, R/O: NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 001. 3. SRI. AVINASH S/O SHEKHAR SALAMANI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 001. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4404 WP No. 104571 of 2024 4. SRI. AKASH S/O SHEKHAR SALAMANI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O: NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 001. 5. PRIYANKA D/O SHEKHAR SALAMANI, AGE: 31 YEARS, OCC: HOME MAKER, R/O: NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580 001. … RESPONDENTS (BY SRI. S.B. DODDAGOUDAR, ADVOCATE FOR R1; R2 TO R5-DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Hanumanthareddy Sahukar., counsel for the petitioners and Sri.S.B.Doddagoudar., counsel for respondent No.1 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 28.06.2024 passed by the Court of the Civil Judge, Navalgund on I.A. No.12 in O.S.No.193/2014 vide Annexure-G and allow the application in I.A. No.12 dated 02.02.2024 as prayed vide Annexure-F. - 3 - NC: 2025:KHC-D:4404 WP No. 104571 of 2024 3. For the sake of convenience, the parties are referred to as per their status and rankings before the Trial Court. 4. The plaintiffs have filed a suit on the file of the Civil Judge, Navalgund in O.S. No.193/2014 for permanent injunction restraining the defendants from constructing building over the suit land in R.S.No.840/68 measuring 1 Acre 10 Guntas situated in Annigeri. It is contended that during the pendency of the suit, the defendant constructed building over the suit land without conversion of land as non-agricultural and without obtaining the permission from the competent authority. Hence, the plaintiffs sought amendment of the plaint seeking the prayer of mandatory injunction to remove the constructed building in the suit land and to demolish the building in the suit land. The said application was allowed. During the pendency of the suit, the original defendant died and his legal representatives were brought on record. The written statement came to be filed. Issues were also framed. The Trial Court modified the issues. During the pendency of the suit, the wife and the children of the original defendant executed a registered sale deed in favor of the Headmaster, Sri.Sidrameshwar High - 4 - NC: 2025:KHC-D:4404 WP No. 104571 of 2024 School, Annigeri on 20.07.2023. Hence, the plaintiffs were constrained to move an application in I.A.12 for impleading the Headmaster, Sri.Sidrameshwar High School as defendant No.2 to the suit. After service of notice to the Headmaster, he appeared before the Trial Court and stated that he has no objection to implead him as defendant No.2 in the suit. However, the Trial Court vide order dated 28.06.2024 rejected the application. Under these circumstances, the petitioner has filed this Writ Petition on several grounds as set out in the Memorandum of Writ Petition. 5. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 6. The facts are sufficiently stated and they do not require reiteration. The issue revolves around a narrow compass and relates to the rejection of the impleading application. Suffice it to note that the wife and children of the original defendant namely Shekar Salamani sold the suit land in favor of the Headmaster, Sri.Sidrameshwar High School. - 5 - NC: 2025:KHC-D:4404 WP No. 104571 of 2024 Hence, the plaintiffs were constrained to move an application to implead the Headmaster as defendant No.2 to the suit. It is significant to note that the proposed impleading applicant said no objection for impleading him and to come on record as defendant No.2. Strangely, the Trial Court without observing the same rejected the impleading application. This is untenable. When the proposed impleading applicant himself has no objection to come on record, the Trial Court ought to have allowed the impleading application. Hence, this Court deems it appropriate to set aside the impugned order. 7. The Writ of Certiorari is ordered. The order dated 28.06.2024 passed by the Civil Judge, Navalgund on I.A. No.12 in O.S.No.193/2014 vide Annexure-G is quashed and the plaintiffs are directed to implead the proposed impleading applicant as defendant No.2 - the Headmaster, Sri.Sidrameshwar High School to the suit. 8. Resultantly, the Writ petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE RH/MRP LIST NO.: 1 SL NO.: 58