- 1 - NC: 2025:KHC-D:1049 WP No. 106755 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. 106755 OF 2024 (GM-CPC) BETWEEN: 1. KUMARI SAHANA D/O. SIDDAPPA NUGLI, AGE: 15 YEARS, OCC: STUDENT, 2. KUMAR MALLIKARJUN S/O. SIDDAPPA NUGLI, AGE: 14 YEARS, OCC: STUDENT, SINCE PETITIONER NO.1 & 2 ARE MINORS REPRESENTED BY MINOR GUARDIAN, PETERNAL UNCLE, PETITIONER NO.3 I.E. YALAGURADAPPA S/O. MALIYAPPA NUGLI. 3. YALAGURADAPPA S/O. MALIYAPPA NUGLI, AGE: 32 YEARS, OCC: AGRICULTURE, ALL ARE R/O. MANKANI VILLAGE, TQ: AND DIST: BAGALKOT-587207. …PETITIONERS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. SMT. BASAVVA W/O. SIDDAPPA NUGLI, AGE: 37 YEARS, OCC: HOUSE WORK, 2. SHRADDANAND S/O. SIDDAPPA NUGLI, AGE: 07 YEARS, OCC: STUDENT, SINCE RESPONDENT NO.2 IS MINOR REPRESENTED BY MINOR GUARDIAN, NATURAL MOTHER RESPONDENT NO.1. I.E., SMT. BASAVVA W/O. SIDDAPPA NUGLI. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:39:32 +0530 - 2 - NC: 2025:KHC-D:1049 WP No. 106755 of 2024 3. BHIMAVVA W/O. MALIYAPPA NUGLI, AGE: 91 YEARS, OCC: NIL, ALL ARE R/O. MANKANI, TQ: AND DIST: BAGALKOT-587207. …RESPONDENTS (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ANNEXURE-D DATED 28-08-2024 IN P & SC. NO. 3/2023, ON I.A. NO.III, ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, BAGALKOT, AT. BAGALKOT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking the following reliefs: (A) Issue a Writ, or direction or order in the nature of certiorari by quashing the Annexure-D dated 28-08-2024 in P & SC. No. 3/2023, on I.A. No.III, on the file of Addl. Civil Judge and JMFC, Bagalkot, at. Bagalkot. (B) Issue any other Writ, direction or order which deems fit under the circumstances of the case. - 3 - NC: 2025:KHC-D:1049 WP No. 106755 of 2024 3. The petitioners filed proceedings under Sections 372 read with Section 373 of the Indian Succession Act, 1925 for grant of Succession Certificate in respect of the properties mentioned therein. Paper publication having been published, Respondents No.1 to 3 have filed an application under Order I Rule 10 of the code of Civil Procedure for impleading them as party respondents by claiming a right in the properties, which came to be allowed. 4. The submission of learned counsel for the petitioners is that the respondents have not established any right in the properties and the relationship is also disputed, as such they are not proper and necessary parties and that the petitioners have produced documents to indicate that the impleading applicant is not the wife of the deceased uncle of the petitioners. 5. Heard learned counsel for the petitioners and perused the papers. The proceedings which have - 4 - NC: 2025:KHC-D:1049 WP No. 106755 of 2024 been filed are that under Section 372 of the Indian Succession Act, 1925 for issuance of a succession certificate, a publication being made/citation issued, anybody could file objections in relation thereto, which would have to be considered by the Court on merits and pass necessary orders. In fact there would not have been any necessity to file application under Order I Rule 10 of the CPC for impleading as respondents. Filing of objections itself was sufficient, for the objector to be treated as party to the proceedings and preceded with the matter. Thus strictly speaking the requirements of Order I Rule 10 to ascertain, whether person is a proper and necessary party in a proceedings under Section 372 of the Indian Succession Act would not arise any aspects relating to the merits of the matter as regards the sustainability of the objection. the locus of the objector and the relationship between the objector and the Testator would have to be adjudicated by the trial Court in accordance with the - 5 - NC: 2025:KHC-D:1049 WP No. 106755 of 2024 Indian Succession Act. In that view of the matter, no grounds being made out and the petition is dismissed at the stage of admission itself. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 41