- 1 - NC: 2025:KHC-D:1128 WP No. 106463 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106463 OF 2024 (GM-CPC) BETWEEN: 1. SRI SADASHIV S/O LAXMAN MAGADUM AGE 62 YEARS OCC AGRICULTURIST R/O PARTHANAHALLI-591304 TQ ATHANI DIST BELAGAVI 2. SRI REVANNA S/O LAXMAN MAGADUM AGE 60 YEARS OCC AGRICULTURIST R/O PARTHANAHALLI-591304 TQ ATHANI DIST BELAGAVI 3. SRI SHIVANAND S/O CHANNAPPA MAGADUM AGE 52 YEARS OCC AGRICULTURIST R/O PARTHANAHALLI-591304 TQ ATHANI DIST BELAGAVI 4. SMT LAKKAWWA W/O BASAPPA MAGADUM AGE 65 YEARS OCC HOUSEHOLD WORK R/O PARTHANAHALLI-591304 TQ ATHANI DIST BELAGAVI ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:53 +0530 - 2 - NC: 2025:KHC-D:1128 WP No. 106463 of 2024 5. SRI MAHADEV S/O BASAPPA MAGADUM AGE 37 YEARS OCC AGRICULTURIST R/O PARTHANAHALLI-591304 TQ ATHANI DIST BELAGAVI …PETITIONERS (BY SRI. H R DESHPANDE,ADVOCATE) AND: 1. SRI CHANNAPPA S/O KALLAPPA MAGADUM ALIAS HOSAMANI AGE 30 YEARS OCC AGRICULTURIST R/O ALABAL 587119 TQ JAMKHANDI DIST BAGALKOT 2. SMT BASAWWA W/O KALLAPPA MAGADUM AGE 82 YEARS OCC HOUSEHOLD WORK R/O PARTHANAHALLI 591304 TQ ATHANI DIST BELAGAVI …RESPONDENTS (BY SRI. CHETHAN MUNNOLI., ADVOCATE FOR R1; NOTICE TO R2 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDERS AT ANNEXURE-A PASSED BY THE PRL. SENIOR CIVIL JUDGE, ATHANI ON IA 16 DATED. 25-09-2024 IN OS NO. 57/2017 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:1128 WP No. 106463 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. In view of the proposed order to be passed, notice to respondent No.2 is dispensed with. 2. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of Certiorari to quash the impugned orders at Annexure-A passed by the Prl. Senior Civil Judge, Athani on I.A.No.16 dated 25.09.2024 in O.S.No.57/2017 in the interest of justice and equity. b. Grant such other and further reliefs as this Hon’ble Court may deem fit to grant under the circumstances of the case. 3. The petitioners are aggrieved by the order of the trial court allowing IA-16 filed under Order 1 Rule 10(2) of Code of Civil Procedure [CPC] allowing one Channappa to be impleaded as defendant No.23 in O.S. No.57/2017 which has been filed for partition and separate possession. 4. The submission of Sri.H.R.Deshpande, learned counsel for the petitioners is that said Channappa is the adopted son of Basawwa, w/o Kallappa - 4 - NC: 2025:KHC-D:1128 WP No. 106463 of 2024 Magadum. The adoption having occurred after the death of Kallappa Magadum is not in dispute. He, therefore, submits that Basawwa representing the family, there is no need for Channappa, her adopted son to be brought on record and on that ground, he submits that he is not a necessary or proper party to the said suit. Hence, the order of the trial court is required to be set-aside. 5. Sri.Chetan Mannoli, learned counsel who appears for respondent No.1, supports the order passed by the trial Court in allowing the impleading application. 6. Heard Sri. H.R.Deshpande, learned counsel for the petitioners and Sri.Chetan Munnoli, learned counsel for respondent No.1. Perused papers. 7. It is not in dispute that the suit is one for partition and separate possession. It is not in dispute that Channappa has been adopted by Basawwa. Merely because Basawwa is party to the proceedings would not mean that she would be representing and taking care of the interest of Channappa. Channappa being - 5 - NC: 2025:KHC-D:1128 WP No. 106463 of 2024 the adopted son, has an independent right in the properties at the time of partition he having a separate and independent share. Thus, it is required that all the members of the joint family are to be made parties to the suit for partition which the present suit in O.S. No.57/2017 is. In that view of the matter, I am of the considered opinion that Channappa is both, proper and necessary party having interest in the property, subject matter of the suit and as such, the order passed by the trial Court cannot be faulted with. 8. In that view of the matter, no ground being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN/List No.: 1 Sl No.: 14