- 1 - HC-KAR NC: 2025:KHC:38444 WP No. 26172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26172 OF 2025 (GM-CPC) BETWEEN: 1. SMT. LAKSHMAMMA, S/O LATE CHANDREGOWDA, AGED ABOUT 55 YEARS, 2. SMT. MAMATHA W/O NAGESH D/O LATE CHANDREGOWDA, AGED ABOUT 38 YEARS, 3. KAVITHA W/O PRASHANTH KUMAR D/O LATE CHANDREGOWDA, AGED ABOUT 36 YEARS, 4. SRI NAGARAJEGOWDA S/O LATE CHALUVEGOWDA, AGED ABOUT 52 YEARS ALL ARE R/AT ATHIGUPPE VILLAGE, MULLURU POST, GAVADAGERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571 610 …PETITIONERS (BY SRI. PRADEEP PATIL, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38444 WP No. 26172 of 2025 AND: 1. PUTTALAKSHMAMMA, D/O LATE BETTEGOWDA @ RAJEGOWDA, AGED ABOUT 48 YEARS, R/AT SIRIYURU VILLAGE, GAVADAGERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571 610. 2. SHARADAMMA W/O LATE JAYARAMEGOWDA AGED ABOUT 38 YEARS 3. SANDESH S/O LATE JAYARAMEGOWDA AGED ABOUT 22 YEARS 4. DIVYA D/O LATE JAYARAMEGOWDA AGED ABOUT 19 YEARS RESPONDENT NOS.2 TO 4 ARE RESIDING AT ATTHIGUPPE VILLAGE, GAVADAGERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT - 571 610 …RESPONDENTS (BY SRI. SHIVASWAMY, ADVOCATE FOR R2, R3 AND R4) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) CALL FOR THE ENTIRE RECORDS IN F.D.P.NO.07/2020 FROM THE HONBLE ADDL. SENIOR CIVIL JUDGE AND JMFC, AT HUNSUR, MYSURU DISTRICT. II) SET ASIDE THE IMPUGNED ORDER DATED 07/01/2025 PASSED BY THE HONBLE ADDL. SENIOR CIVIL - 3 - HC-KAR NC: 2025:KHC:38444 WP No. 26172 of 2025 JUDGE AND JMFC, AT HUNSUR, MYSURU DISTRICT IN F.D.P. NO. 07/2020 ON IA NO. VI FILED BY THE PETITIONERS / APPLICANTS, VIDE ANNX-F TO THE ABOVE WP AND ETC. 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 are before this Court, seeking the following prayer: "i. Call for the entire records in F.D.P.No.07/2020 from the Hon'ble Additional Senior Civil Judge and JMFC, at Hunsur, Mysuru District. ii. Issue a writ of certiorari by Set-aside the impugned order dated 07-01-2025 passed by the Hon'ble Additional Senior Civil Judge and JMFC, at Hunsur, Mysuru District in F.D.P.No.07/2020 on IA No.VI filed by the petitioners/applicants, vide Annexure- 'F' to the above writ petition, iii. Allow, the IA No.VI dated 05-08-2024 filed by the petitioners herein under Order 1 rule 10(2) r/w section 151 of Civil Procedure Code for impleading them as additional respondents vide Annexure-'C' and permitted them to come on records in FDP No.07/2020 as respondents. iv. Pass, any such order/s or grant any relief/s fit to be granted in favour of the petitioners, under the facts and circumstances of the case including the cost of - 4 - HC-KAR NC: 2025:KHC:38444 WP No. 26172 of 2025 the proceedings, in the interest to justice and equity." 2. Heard Sri. Pradeep Patil, learned counsel appearing for the petitioners, Sri. Shivaswamy, learned counsel appearing for respondent Nos.2 to 4 and have perused the material on record. 3. The petitioners are impleading applicant Nos.1 to 4 seeking to implead them in FDP No.7/2020. 4. Learned counsel appearing for the petitioners submits that the petitioners were not impleaded in the Original Suit, which ought to have been done and therefore, the applicants prefer an application seeking their impleadment into the final decree proceedings, which comes to be rejected on the score that they were not parties in the Original Suit. 5. Learned counsel appearing for respondent Nos.2 to 4 i.e., the contesting respondents would not dispute the position that the petitioners are proper and necessary parties to the lis and therefore, would agree with the contention of the learned counsel appearing for the petitioners. - 5 - HC-KAR NC: 2025:KHC:38444 WP No. 26172 of 2025 6. In that light, I deem it appropriate to obliterate the order and allow the application so filed by the petitioners before the concerned Court, seeking their impleadment into the FDP proceedings. 7. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 07.01.2025 passed by the Additional Senior Civil Judge and JMFC, Hunsur, Mysore in FDP No.07/2020, stands quashed. (iii) The application filed by the petitioners before the concerned Court, stands allowed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 33/CT: BHK