- 1 - HC-KAR NC: 2025:KHC-D:13944 WP No. 107577 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107577 OF 2025 (GM-CPC) BETWEEN: SMT. GIRIJA @ RANNI PRAHLAD SAMVEKAR AGE: 28 YEARS, OCC: AGRICULTURE/ HOUSEHOLD WORK, R/O. BELLAD BAGEWADI, TQ: HUKKERI, DIST: BELAGAVI-591309. …PETITIONER (BY SRI. RAKESH S.HATTIKATAGI, ADVOCATE) AND: 1. SMT. APSANA W/O. RAMAJAN MULTANI AGE: 32 YEARS, OCC: AGRICULTURE/ HOUSEHOLD WORK, R/O. NANDIKURALI, TQ: RAIBAG, DIST: BELAGAVI-591317. 2. SHRI. SANJU @ SANJAY S/O. MAHADEV UGARE @ DABOOLE, AGE: 47 YEARS, OCC: AGRICULTURE, R/O. NANDIKURALI, TQ: RAIBAG, DIST: BELAGAVI-591317. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 09.04.2025 PASSED IN OS NO. 163/2023 ON IA NO. III BY THE HON’BLE LEARNED SENIOR CIVIL JUDGE AND JMFC, RAIBAG AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW IA NO. III IN OS NO. 163/2023 AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:17 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13944 WP No. 107577 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order rejecting the application under Order I Rule 10 of the Code of Civil Procedure. The application is filed by the petitioner to come on record as defendant No.2 in the said suit. 2. The suit in O.S.No.163/2023 on the file of Senior Civil Judge, Raibagh was filed for specific performance of contract said to have been executed by defendant in favour of the plaintiff. 3. Petitioner before this Court claims to be the daughter of the defendant and further, claims that she has undivided share in the suit property which is the subject matter of suit for specific performance. 4. The contention of the petitioner is that the property is not yet divided and in case the plaintiff in the said suit for specific performance succeeds, the petitioner's right will be affected. It is also stated that the petitioner has also filed a suit for partition. - 3 - HC-KAR NC: 2025:KHC-D:13944 WP No. 107577 of 2025 5. In that event of the matter, this Court is of the view that petitioner is not a necessary party to the suit for specific performance. In case the petitioner succeeds in a suit for partition, the property will be allotted to the petitioner as per the final decree to be passed in the said case. The decree to be passed in O.S.No.163/2023 to which the petitioner is not a party, will not bind the petitioner's interest if any, over the suit property. 6. Accordingly, petition is dismissed. 7. The suit for partition filed by the petitioner shall be decided without being influenced by any of the observations made in the order dismissing the application to come on record and also the observations made in this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN Ct:vh List No.: 1 Sl No.: 72