- 1 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 21757 OF 2022 (GM-CPC) BETWEEN: SMT. T. RENUKA W/O P.H. BASAVARAJ AGED ABOUT 46 YEARS HOUSE WIFE R/AT 77/1 BEHIND DURUGAMMA TEMPLE NITTUVALLI, DAVANAGERE - 577 004. …PETITIONER (BY SRI D.P. MAHESH, ADV.) AND: 1. SRI K. THIPPESWAMY S/O AJJAPPA KENCHAPPA AGED ABOUT 69 YEARS RA/T 118/P, NEAR ESI HOSPITAL NITTUVALLI, DAVANAGERE - 577 004. 2. SMT. T. GEETA W/O SOMASHEKHARAPPA AGED ABOUT 39 YEARS R/AT ARALIMARA KEMPANAHALLI CHIKKAMGALUR TALUK - 577101 CHIKKAMAGALURU DISTRICT. 3. SMT.T. SHWETA W/O MANJUNATHA AGED ABOUT 37 YEARS RA/T 139/140, NRUPATUNGA SADANA 1ST STAGE, 4TH CROSS SPOORTI NAGARA ODEYARAHALLI, RAMANAGARA RAMANAGARA DISTRICT- 562109. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 4. SRI T. DASHARATH KUMAR S/O K. THIPPESWAMY AGED ABUT 35 YEARS R/AT 118/P, NEAR ESI HOSPITAL NITTUVALLI, DAVANAGERE - 577004. 5. SRI T. KOMALA W/O E.H. RAKESH AGED ABOUT 32 YEARS R/T 692/G-14, DCM ROAD, SRI GURU KOTTURESHWARA BADAVANE, NITTUVALLI, DAVANAGERE - 577 004. 6. SMT. BHARATAMMA W/O K. THIPPESWAMY AGED ABOUT 59 YEARS R/AT 118/P, NEAR ESI HOSPITAL NITTUVALLI, DAVANAGERE 577004. 7. SRI K.S. NAGARAJAPPA S/O LATE SIDDAPPA AGED ABOUT 50 YEARS R/AT DEVARAJA URS LAYOUT A BLOCK, DAVANAGERE 577004. 8. SMT. BHAGYAMMA W/O K.S. NAGARAJAPPA AGED ABOUT 45 YEARS R/AT DEVARAJA URS LAYOUT A BLOCK, DAVANAGERE 577004. 9. SRI.H. ANIL KUMAR S/O H.B. MANJUNATHA AGED ABOUT 39 YEARS R/AT MANJU KRUPA NO. 133/1, NEAR DURGAMBIKA TEMPLE, NITTUVALLI, DAVANAGERE 577004. 10. SRI H. RAMACHANDRAPPA S/O LATE BHEEMAPPA AGED ABOUT 59 YEARS R/AT MANJU KRUPA NO. 133/1, NEAR DURGAMBIKA - 3 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 TEMPLE, NITTUVALLI DAVANAGERE 577004. 11. SRI. K.N. SUNIL S/O K. NAGARAJAPPA AGED ABOUT 42 YEARS R/AT SJM BADAVANE NEAR I.B. BHARAMASAGARA CHITRADURGA DISTRICT 577522. 12. SRI. LOKESH H S/O H.B. CHANDRASHEKHARAPPA AGED ABOUT 39 YEARS R/AT MANJU KRUPA NO. 133/1, NEAR DURGAMBIKA TEMPLE, NITTUVALLI DAVANAGERE 577004. 13. SRI. H.R. RAVINDRANATH S/O H.K. RAMACHANDRAPPA AGED ABOUT 44 YEARS R/AT LENIN NAGARA H.K.R CIRCLE, NITTUVALLI, DAVANAGERE 577004. 14. SRI. T.M. VINAYAKA S/O T.M. PANCHAKSHARAIAH AGED ABOUT 49 YEARS R/AT 567/8, KOTTURESHWARA NILAYA SARASWATHI BADAVANE NITTUVALLI, DAVANAGERE 577004. 15. SRI. MARUTHI .S S/O PUJARA SOMASHEKHARAPPA P H AGED ABOUT 32 YEARS R/AT 1000/A, NEAR MANIKANTA CIRCLE NITTUVALLI, DAVANAGERE 577004. 16. SRI.K.T SHIVANANDA S/O THIMMAPPA AGED ABOUT 54 YEARS KIRANI BUSINESS R/AT NO. 664/4, NITUVALLI ROAD, DAVANAGERE 577004. - 4 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 17. SRI. HALASWAMY S/O BASAVARAJAPPA AGED ABOUT 44 YEARS R/AT BASAVESHWARA BADAVANE NEAR BANASHANKARI TEMPLE NITTUVALLI , DAVANAGERE 577 004. 18. SMT. SHAILAJA W/O T.G. DATTARAJA SHETTY AGED ABOUT 50 YEARS R/A 169, 3RD MAIN P.J. EXTENSION DAVANAGERE 577 002. 19. SRI. RAKESH E.H S/O HANUMANTHAPPA E AGED ABOUT 35 YEARS R/AT 692/G14 VENKATESHWARA BADAVANE NITTUVALLI, DAVANAGERE 577004. 20. SRI. P. NAGARAJAPPA S/O REVANAPPA AGED ABOUT 54 YEARS RA/T 608/16, 1ST MAIN 2ND CROSS, NITUVALLI NEW EXTENSION, NITUVALLI DAVANAGERE 577004. …RESPONDENTS (BY SMT. SANTHA KULKARNI, ADV., FOR R-20, NOTICE TO R-1 TO R- 3 AND R-5 TO R-18 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD 19.02.2022, PASSED ON I.A.NO.9 IN O.S.14/2018 BY THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE, DAVANAGERE, DISMISSING I..ANO.9 FILED FOR AND IMPLEADING PROPOSED DEFENDANT NO.19 AND 20 VIDE ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Plaintiff is before this Court in this petition filed under Article 227 of Constitution of India with a prayer to set aside the order dated 19.02.2022 passed on I.A.No.IX O.S.No. 14 of 2018 by the Court of I Addl. Senior Civil Judge, Davanagere rejecting his application filed to implead proposed defendant nos.19 and 20 as party defendants no.19 and 20 in the suit. 2. Heard the learned counsel appearing for the parties. 3. Petitioner has filed O.S.No.14 of 2018 before the jurisdictional civil Court at Davanagere seeking the relief of partition and separate possession of the suit schedule property seeking to declare that he is entitled for 1/6th share in the suit schedule property and also to declare certain sale deeds executed by defendant nos.2 to 6 are not binding on his share. The contesting defendants have entered appearance and filed their written statement opposing the suit claim. In the said suit, I.A.No.IX was filed under Order XXXIX Rule 1 and 2 of CPC on - 6 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 behalf of the plaintiff with a prayer to implead proposed defendants as party defendant nos. 19 and 20 in the suit. The said application was dismissed by the order impugned and being aggrieved by the same, the plaintiff is before this Court. 4. Perusal of the material on record would go to show that the trial Court has passed an order restraining the defendants from alienating suit schedule 'B' and 'C' properties. According to the petitioner, in violation of the said order, defendant no.2 has executed a sale deed in favour of proposed defendant no.19 on 04.04.2019 and thereafter proposed defendant no.19 had executed a sale deed dated 28.05.2019 in favour of proposed defendant no.20. It is under these circumstances, I.ANo.IX was filed on behalf of the plaintiff to implead proposed defendants as party defendant Nos.19 and 20 to the suit. Though the aforesaid transaction is hit by Section 52 of the Transfer of Property Act, since the proposed defendant no.20 who is respondent no.20 in this petition has acquired certain right over the property, which is subject matter of the suit, his presence would be necessary in the proceedings, at least to make a claim for the share of his - 7 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 vendor to be allotted in his favour in the event there is a decree passed in O.S.NO.14 of 2018. Since the proposed defendant no.19 who is respondent no.19 in this petition has already executed a sale deed in respect of the Item No.5 of the suit schedule 'B' property in favour of the proposed defendant no.20 / respondent no.20 herein, proposed defendant no.19 is not a necessary or proper party to the proceedings and it is suffice if only the proposed defendant no.20 is made as a party defendant to the suit. The trial Court was therefore not justified in rejecting IA No.20 in its entirety. 5. Accordingly, the following :- ORDER (i) Writ petition is partly allowed. (ii) The impugned order 19.02.2022 passed on I.A.No.IX O.S.No. 14 of 2018 by the Court of I Addl. Senior Civil Judge, Davanagere is confirmed insofar as it relates to rejecting the prayer made in the said application to implead proposed defendant no.19 as party defendent to the suit and it is set aside insofar as it is relates to rejecting the prayer made in the said - 8 - HC-KAR NC: 2025:KHC:49334 WP No. 21757 of 2022 application to implead proposed respondent no.20 as party dependent to the suit. (iii) The proposed defendant no.20 who is respondent no.20 in this writ petition shall be impleaded as defendant no.19 in the suit and he shall be granted opportunity to file his written statement before the trial court Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 50