- 1 - HC-KAR NC: 2025:KHC-D:9561 WP No. 104338 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104338 OF 2025 (GM-CPC) BETWEEN: SRI. SANGAPPA S/O. LAXMAN DODAMANI, AGE: 83 YEARS, OCC: PENSIONER, R/O: UMARANI, TQ: CHIKKODI, DIST: BELAGAVI – 590 001. …PETITIONER (BY SRI. ABINANDAN V. HIREMATH, ADVOCATE) AND: 1. THE PRESIDENT, SAMASTHA MALI SAMAJ, UMRANI, TQ: CHIKKODI, DIST: BELAGAVI – 590 001. 2. SRI. KASHINATH S/O. SAMBHA MALI, AGE: 74 YEARS, OCC: AGRICULTURE, R/O: BASAVANALGADDE A/P: HIREKODI, TQ: CHIKKODI, DIST: BELAGAVI – 590 001. 3. SRI. SURESH S/O. HARISHCHANDRA KALINGE, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: BASAVANGALLI POST & TQ: CHIKKODI, DIST: BELAGAVI – 590 001. 4. SRI. MALLESH S/O. SHANKAR LIMBIGIDAD, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: HALATTI, POST & TQ: CHIKKODI, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9561 WP No. 104338 of 2025 DIST: BELAGAVI – 590 001. 5. SRI KALLAPPA S/O. BHIMAPPA ARABHAVI, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: HALATTI POST & TQ: CHIKKODI, DIST: BELAGAVI – 590 001. 6. SRI. SADASHIV S/O. SHANKAR MALI, AGE: 60 YEARS, OCC: AGRICULTURE, R/O: BANATIKODI, POST: KERUR, TQ: CHIKKODI, ALL ARE RESIDENTS OF DIST: BELAGAVI – 590 001. …RESPONDENTS (RESPONDENTS – NOTICE TO DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11/03/2025 MADE IN O.S.NO.299/2023 PASSED BY THE SENIOR CIVIL JUDGE, CHIKKODI IN I.A.NO.01, PRODUCED AS ANNEXURE-E BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AND FURTHER DISMISS THE IMPLEADING APPLICATION FILED BEFORE THE SENIOR CIVIL JUDGE IN O.S.NO.299/2023 AND ETC., THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9561 WP No. 104338 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to the respondents is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: A. Quash the impugned order dated 11/03/2025 made in O.S.No.299/2023 passed by the Senior Civil Judge, Chikkodi in I.A.No.01, produced as Annexure- E by issue of writ of certiorari or any other suitable writ or order or directions and further dismiss the Impleading application filed before the Senior Civil Judge in O.S.No.299/2023. B. Grant such other reliefs as this Hon’ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity. 3. The petitioner has filed the suit in O.S.No.299/2023 seeking declaration of title over properties covered under RS No. 135, along with adjoining lands in RS Nos.136 and 137, Umarani Village. It is undisputed that the property in RS No.135 stands in the name of Karnataka Samasta Mali Samaj, Umrani. In the said suit, an application under Order I Rule 10 of the Code of Civil Procedure was filed by Chikkodi Taluk Mali Seva Sangha, seeking to be - 4 - HC-KAR NC: 2025:KHC-D:9561 WP No. 104338 of 2025 impleaded on the ground of having an interest in the property. The trial court allowed the said application. 4. The petitioner challenges the impleadment of Chikkodi Taluk Mali Seva Sangha, contending that the said Sangha has no right or interest in the property and that Karnataka Samasta Mali Samaj, Umrani, established by the petitioner and others, alone holds the title. 5. At this stage, however, the Court is required to consider only whether a prima facie case exists for the impleadment of the said Sangha as a proper and necessary party, and not to decide on the merits of the title dispute, which require evidence and trial. 6. It is an admitted fact that the land stands in the name of Mali Seva Sangha Samaj whether it is the Karnataka Samasta Mali Seva Sangha Samaj or Chikkodi Taluk Mali Seva Sangha who has a right over the property and the question of who has the rightful title is to be determined during trial through evidence led by the contesting parties, the same cannot be considered at the stage of considering and impleading application by holding a mini- trial. - 5 - HC-KAR NC: 2025:KHC-D:9561 WP No. 104338 of 2025 7. In view of the above, no infirmity is found in the trial court’s order permitting the impleadment of Chikkodi Taluk Mali Seva Sangha. The petition challenging the same is accordingly dismissed. All questions of title are left open to be decided after trial. 8. The petition stands disposed of at the admission stage. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/CT-ASC List No.: 1 Sl No.: 76