- 1 - HC-KAR NC: 2025:KHC:26266 WP No. 22561 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22561 OF 2021 (GM-CPC) BETWEEN: 1. SMT RAMAKKA W/O LATE G. ANJINAPPA, AGED ABOUT 68 YEARS, 2. APPANNA GOWDA S/O LATE G. ANJINAPPA, AGED ABOUT 44 YEARS, 3. SMT. ANURADHA D/O LATE G. ANJINAPPA, W/O NANJEGOWDA, AGED ABOUT 42 YEARS, PETITIONERS ARE RESIDING AT MANDUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK. BANGALORE - 560049. …PETITIONERS (BY SRI. CHANDRAPPA V., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26266 WP No. 22561 of 2021 AND: 1. SRI GUNDE GOWDA S/O LATE G. ANJINAPPA, AGED ABOUT 46 YEARS, R/AT MANDUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK BANGALORE - 560049. 2. SMT. KANTHAMMA W/O LATE G. ANJINAPPA, AGED ABOUT 69 YEARS, R/AT MANDUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, BANGALORE - 560049. 3. SMT. PUTTAMMA D/O LATE G. ANJINAPPA, W/O NANJAPPA, AGED ABOUT 53 YEARS, R/AT RAJAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 521203. 4. SMT. ANJULA DEVI D/O LATE G. ANJINAPPA, W/O CHANDRAPPA, AGED ABOUT 49 YEARS, R/AT MANDUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK - 560049. - 3 - HC-KAR NC: 2025:KHC:26266 WP No. 22561 of 2021 5. SMT. ASHWATHAMMA D/O LATE G. ANJINAPPA, W/O MURTHY (POST MAN) AGED ABOUT 39 YEARS, R/AT VEERAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK - 561 203. …RESPONDENTS (BY SRI. UMESH B.N., ADVOCATE FOR R2, R3 AND R5. SRI. B.S. GURUDATH AND SRI. M.S. VARADARAJAN, ADVOCATES FOR IMPLEADING APPLICANTS, R1 AND R4 SERVED - UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED IN O.S.NO.590/2006 DTD.26.11.2021 AS PER ANNEXURE-H ON THE FILE OF THE VI ADDL SENIOR CIVIL JUDGE BANGALORE RURAL AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners - defendants No.7, 8 and 9 are at the doors of this Court calling in question an order dated - 4 - HC-KAR NC: 2025:KHC:26266 WP No. 22561 of 2021 26.11.2021 passed in O.S.No.590/2006, whereby the concerned Court directed drawing up of a final decree pursuant to a compromise that had entered into under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 ('the CPC' for short). 2. Heard Shri Chandrappa V., learned counsel appearing for the petitioners and Shri Umesh B.N., learned counsel appearing for respondents No.2, 3 and 5. 3. The suit instituted in O.S.No.590/2006 was for partition and separate possession. During the pendency of the suit, it transpires that few of the plaintiffs and the defendants enter into a compromise, without drawing all the persons of the family as parties to the said suit or the compromise. 4. Therefore, Shri M.S. Varadarajan, learned counsel appearing for the impleading applicants would submit that their impleading application in the suit is pending adjudication. He would further submit that the order that directed the drawing up of final decree be set aside and the concerned Court be directed to answer the impleading applications in accordance with law and then proceed to pass necessary orders thereon, as - 5 - HC-KAR NC: 2025:KHC:26266 WP No. 22561 of 2021 the rights of every party has to be assessed by the concerned Court in a suit for partition. 5. The learned counsel appearing for the petitioners - defendants No.7, 8 and 9 would not dispute the position that the impleading applicants who have filed impleading application before the concerned Court and before this Court are the members of the family, who are not parties to the compromise so entered into between few of the plaintiffs and few of the defendants and therefore, have filed a subject petition where the concerned Court has directed drawing up of a final decree. 6. In the light of the aforesaid facts and the submissions made at the bar, I deem it appropriate to pass the following: ORDER i) Writ petition is allowed. ii) The order dated 26.11.2021 passed in O.S.No.590/2006 stands quashed. iii) The matter is remitted back to the hands of the concerned Court to consider the impleading application so pending before it to - 6 - HC-KAR NC: 2025:KHC:26266 WP No. 22561 of 2021 hear the parties, regulate its procedure and pass necessary orders, thereon. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 5