- 1 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 941 OF 2022 (CPC-) BETWEEN: ZULFIQUER ALI AHMED S/O LATE U. T. FAREED AGED ABOUT 45 YEARS R/AT NO.11, AVS COMPOUND 80 FT ROAD, 4TH BLOCK KORAMANGALA BENGALURU - 560034 …APPELLANT (BY SRI. MUHAMMAD SHAMIL, ADVOCATE) AND: 1. B. S. LALITHA W/O DR. B. V. SUBARAYAPPA D/O LATE T SIDDARAMMAIAH AGED 85 YEARS RESIDING AT NO.101, 3RD CROSS BANASHANKARI 3RD STAGE BENGALURU - 560085 2. PARIMALA PUTTUSWAMY W/O LATE T K PUTTUSWAMY D/O LATE T SIDDARAMAIAH AGED ABOUT 80 YEARS RESIDING AT NO 332/9 41ST CROSS, 8TH BLOCK JAYANAGARA, BENGALURU - 560070 Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 3. DR. K V LAKSHMIDEVI W/O B K SUBBARAO D/O LATE GIRIJAMMA AGED ABOUT 66 YEARS RESIDING AT NO.1120/F 58-B 3RD MAIN ROAD VIDHYARANYAPURAM RAMKRISHNA HOSPITAL MYSORE - 570008 4. SARALAKUMARI W/O B R SAMEER KUMAR D/O LATE GIRIJAMMA AGED ABOUT 65 YEARS RESIDING AT PLOT NO.101 MITHILA APARTMENT BUILDING NO.1113, JHANSI LAKSHMI BAI ROAD MYSORE - 570008 5. UMADEVI K V W/O HARISH D/O LATE GIRIJAMMA A GED 58 YEARS RESIDING AT NO. 68 11TH CROSS, 2ND BLOCK R T NAGAR BENGALURU - 560032 6. T S VENKATNANJAPPA S/O LATE T SIDDARAMAIAH AGED 93 YEARS RESIDING AT HOUSE NO.177 SUDHARSHAN, C S I LAYOUT B. H. ROAD, TUMAKURU - 572102 - 3 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 7. T V SUBRAMANYA PRASAD S/O. T S VENKATANANJAPPA AGED 40 YEARS RESIDING AT HOUSE NO.177 SUDHARSHAN, C S I LAYOUT B. H. ROAD, TUMAKURU - 572102 8. T. V. SHARADA W/O. DR. B R SUPREETH AGED 38 YEARS RESIDING AT NO.168 OXFORD SCHOOL ROAD, TEACHERS COLONY NAGARBHAVI BENGALUR - 560072 9. ANNAPOORNA 2nd WIFE OF T.S.VENKATANANJAPPA AGED 60 YEARS RESIDING AT HOUSE NO. 177 SUDHARSHAN, C. S. I. LAYOUT B H ROAD, TUMAKURU - 572102 T. S. GUNDURAO S/O. LATE T SIDDARAMAIAH RESIDING AT THIMMASANDRA KOLALA HOBLI KOTEGERE TALUK - 572 129 (NOTE: DECEASED UNREPRESENTED, UNMARRIED, NO LRS IN O.S.) T S NARASAMMA W/O T V SUBBARAO D/O LATE T SIDDARAMAIAH (DECEASED REPRESENTED BY LRS) - 4 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 10. MANIKYAMMA D/O LATE NARASAMMA AGED 75 YEARS SAVITHRAMMA COMPOUND 2ND CROSS M G ROAD, TUMKURU - 572101 11. GIRISH CHANDRA S/O LATE T S NARASAMMA AGED 72 YEARS RESIDING AT PANCHAGANGA STREET CHIKEPETE, TUMKURU - 572101 12. T D MADHURANETHRA W/O T V SUBBARAO AGED 70 YEARS RESIDING AT PANCHAGANGA STREET CHIKEPETE, TUMKURU - 572101 13. T. S. NALINI D/O T S NARASAMMA AGED 58 RESIDING AT PANCHAGANGA STREET CHIKEPETE, TUMKURU - 572101 14. M/S HARIHAR POLIFIBERS UNIT: GRASIM INDUSTRIES KUMARAPATNAM RANEBENNUR TALUK HAVERI DISTRICT - 581110 REP. BY DEPUTY GENERAL MANAGER …RESPONDENTS (BY SRI. S.H. PRASHANTH, ADV. FOR R7; SRI.BHUSHINI KUMAR, ADV. FOR R8 AND SMT. RACHANA BHARADWAJ P., ADV. FOR R14; - 5 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 R2, R3, R4, R10, R11, R12, R13 ARE SERVED; R6 AND R9 DECEAED AND R7 AND R8 LRS OF R6 AND R9) THIS MFA FILED U/O.43 RULE 1(1) OF CPC, AGAINST THE ORDER DT.09.12.2021 PASSED ON IA NO.19 IN O.S.NO.29/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC, MADHUGIRI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The applicant who has filed I.A.No.19 under Order XXII Rule 10 read with Section 151 of CPC seeking permission to come on record as assignee by virtue of devolution of interest created in his favour by virtue agreement of sale, is before this Court in the appeal being aggrieved by rejection of I.A.No.19. 2. The respondent Nos.1 to 5 have filed suit for partition and separate possession as against defendant/respondent No.6 to 14. The appellant herein is an applicant who filed I.A. No.19 under Order XXII Rule 10 read with Section 151 of CPC. It is the contention of the - 6 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 appellant/applicant that T.S.Gundu Rao has executed an agreement of sale in favour of the appellant by receiving earnest amount for sale of one of the suit schedule property. The said T.S. Gundu Rao died on 15.05.2021. It is the case of the appellant that during the life time of T.S.Gundurao, he has not executed registered sale deed. Therefore, the appellant herein has filed suit in O.S.No.118/2019 for specific performance of contract and the same is decreed in favour of the appellant. Respondent Nos.1 to 5 have filed suit for partition and separate possession against respondent Nos.6 to 14 which is pending now and as per the submission made by the learned counsel for the respondents, now the said suit for partition is set down for arguments after completion of trial. When this being the fact, the appellant/applicant filed application under Order XXII Rule 10 read with Section 151 of CPC to come on record as assignee by virtue of decree passed in O.S.No.118/2019 for specific performance. - 7 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 3. When this being the fact, the appellant still has a remedy to work out even after the suit for partition is decreed; when the appellant is successful in obtaining a decree for specific performance, therefore, there is no need for the appellant to come on record as assignee in the suit filed for partition. Even if the suit for partition is decreed, that does not amount to transferring property to the party. Because the suit property is still at the hand of the party in the suit. The appellant shall work out his remedy through the LRs. of T.S.Gundurao even after the suit for partition is decreed. Therefore, the trial Court is correct in dismissing the application. 4. Though there may not be necessity to make observation, the appellant still has a remedy to work out execution of decree through the LRs of T.S.Gundurao as per law. 5. With the above observations, the appeal is disposed of. - 8 - HC-KAR NC: 2025:KHC:33999 MFA No. 941 of 2022 6. It is submitted that now the suit is at the arguments stage, the trial Court is directed to dispose of the suit as expeditiously as possible within a period of four months from the date of receipt of certified copy of this order. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 4