- 1 - HC-KAR NC: 2025:KHC-D:13059 WP No. 106827 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106827 OF 2025 (GM-CPC) BETWEEN: SRI. KARIYAPPA S/O. LATE CHIKKAPPA, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST. BALLARY. …PETITIONER (BY SRI. J.S. SHETTY ASSOCIATES, ADVOCATE) AND: SMT. RENUKAMMA W/O. CHITTAPPA (SINCE DECEASED BY HER LR DAUGHTER) 1.SMT. CHANNAMMA W/O. LATE NINGAPPA, D/O. CHITTAPPA, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 2. SMT. THIMMAKKA W/O. LATE NAGENDRAPPA, AGE: 72 YEARS, OCC: HOUSEHOLD WORK, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 3. SRI. VIRUPAKSHI S/O. LATE NAGENDRAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13059 WP No. 106827 of 2025 4. RAJU S/O. LATE NAGENDRAPPA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 5. SRI. KANEPPA S/O. LATE NAGENDRAPPA, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 6. SMT. NAGAMMA W/O. LATE NAGENDRAPPA. AGE: 68 YEARS, OCC: HOUSEHOLD WORK, R/O: Μ.Β. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 7. SMT. THIPPAMMA W/O. THIMMANNA, AGE: 52 YEARS, OCC: HOUSEHOLD WORK, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 8. SMT. GIRIYAMMA W/O. LATE CHIKKAPPA, AGE: 72 YEARS, OCC: HOUSEHOLD WORK, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 9. SMT. THIMMAKKA W/O. LATE NAGAPPA, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 10. SRI. THAYAPPA S/O. LATE GOLLARA KENCHAPPA, AGE: MAJOR, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 11. SMT. THIMMAKKA W/O. LATE KENGAPPA, AGE: 62 YEARS, OCC: HOUSEHOLD WORK, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. - 3 - HC-KAR NC: 2025:KHC-D:13059 WP No. 106827 of 2025 12. SRI. GOVARDHANA S/O. LATE NAGAPPA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 13. SRI. JAGADEESHA S/O. LATE NAGAPPA, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 14. SRI. DODDAPPA @ GUREPPA S/O. LATE BALAPPA RANGAPPA. AGE:72 YEARS, OCC: AGRICULTURE R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 15. NAGAPPA S/O. LATE BALAPPARA RANGAPPA AGE:67 YEARS, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. 16. THATHAPPA S/O. LATE BALAPPARA RANGAPPA AGE:67 YEARS, OCC: AGRICULTURE, R/O: M.B. IYYANAHALLI VILLAGE, KUDLIGI TALUK, DIST: BALLARY. …RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 23.7.2025 PASSED ON I.A. NO.10 IN O.S.NO. 85/2018 BY THE SENIOR CIVIL JUDGE AND JMFC, AT KUDLIGI, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A. B) ANY OTHER WRIT OR DIRECTION WHICH THIS HONOURABLE COURT DEEMS FIT TO GRANT MAY KINDLY BE GRANTED IN FAVOUR OF THE PETITIONER BY ALLOWING THIS WRIT PETITIONER WITH THE COST THROUGHOUT IN THE ENDS OF JUSTICE AND EQUITY. - 4 - HC-KAR NC: 2025:KHC-D:13059 WP No. 106827 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari to quash the order dated 23.7.2025 passed on I.A. No.10 in O.S.No. 85/2018 by the Senior Civil Judge and JMFC, at Kudligi, the copy of which has been produced herewith and marked as Annexure-A. b. Any other writ or direction which this Honourable Court deems fit to grant may kindly be granted in favour of the petitioner by allowing this writ petitioner with the cost throughout in the ends of justice and equity. 3. A suit for partition having been filed, the petitioner was defendant No.8 therein. When the matter was posted for defendants’ evidence, the petitioner/defendant No.8 filed an application under - 5 - HC-KAR NC: 2025:KHC-D:13059 WP No. 106827 of 2025 Rule 17 of Order VI of the Code of Civil Procedure seeking for amendment of the written statement to place on record certain averments indicating that defendant No.7 had 2 sons namely Ningappa and Kariyappa (defendant No.8) and Ningappa was married to Channamma and they had 3 children namely Mahalakshmi, Vasanthkumari and Naina. It was further contended that one ancestor Kariyappa also had certain children who have not been made parties to the suit. Therefore, the suit is bad for non- joinder of necessary parties. 4. The said application came to be rejected on the ground that there are no documents which have been placed on record indicating the relationship between those persons and how they are necessary parties. It is challenging the same, petitioner is before this Court. 5. A perusal of the application under Rule 17 of Order VI and the affidavit in support thereof, it does not - 6 - HC-KAR NC: 2025:KHC-D:13059 WP No. 106827 of 2025 indicate any document produced in support of the contention as regards the relationship. It is for that reason that the Trial Court has rejected the same. If at all the petitioner has any material documents to ex- facie or prima facie establish the same, it was required for the petitioner to have produced the same. 6. Sri.J.S.Shetty, learned counsel for the petitioner submits that the petitioner is in possession of documents and he would produce the same, at the time of evidence. 7. I am of the considered opinion that before such averments were made, on which basis persons may be sought to be brought on record as parties to the suit, it would be required for the basic documents to be produced. Since Sri.J.S.Shetty, learned counsel for the petitioner submits that he has the documents in his possession, reserving liberty to the petitioner to file a fresh application by enclosing the documents to prime - 7 - HC-KAR NC: 2025:KHC-D:13059 WP No. 106827 of 2025 facie establish the relationship, petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa List No.: 1 Sl No.: 27