- 1 - HC-KAR NC: 2025:KHC-D:17372 WP No. 103780 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.103780 OF 2023 (GM-CPC) BETWEEN: SRI. VEERABHADRAYYA S/O. PATRAYYA MATHAD @ MATHAPATHI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O YAKKUNDI, TQ: SAUNDATTI, DIST: BELAGAVI-591 123. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE SECRETARY/DEVELOPMENT OFFICER, YAKKUNDI GRAM PANCHAYAT, YAKKUNDI , TQ: SAUNDATTI, DIST: BELAGAVI-591 123. 2. THE PANCHAYAT DEVELOPMENT OFFICER, YAKKUNDI GRAM PANCHAYAT, YAKKUNDI , TQ: SAUNDATTI, DIST: BELAGAVI-591 123. 3. SRI. BHEEMAPPA @ BHEEMARAYAPPA S/O. SIDDAPPA KAMBAR, AGE: 70 YEARS, OCC: RETIRED POLICE OFFICER, R/O. KANABARAGI ROAD, AUTO NAGAR, 2ND CROSS, CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17372 WP No. 103780 of 2023 BELAGAVI, DIST: BELAGAVI-590 010. 4. SMT. SHANTAVVA W/O. BHEEMAPPA @ BHEEMARAYAPPA KAMBAR, AGE: 58 YEARS, OCC: HOUSEHOLD WORK, R/O. KANABARAGI ROAD, AUTO NAGAR, 2ND CROSS, BELAGAVI, DIST: BELAGAVI-590 010. 5. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001. 6. SRI. KASHAYYA S/O. PATRAYYA MATHAD, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. YAKKUNDI, TQ: SAUNDATTI, DIST: BELAGAVI-591 123. 7. SMT. NAGAVVA W/O. SHIVAPUTRA VASTRAD, AGE: 64 YEARS, OCC: HOUSEHOLD WORK, R/O. SHIVAPUR, TQ: SAUNDATTI, DIST: BELAGAVI-591 123. 8. SRI. SIDDAYYA S/O. PATRAYYA MATHAD, AGE: 60 YEARS, OCC: GOVERNMENT EMPLOYEE, R/O. YAKKUNDI, TQ: SAUNDATTI, PRESENTLY RESIDING AT BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591 121. 9. SRI. MURAGAYYA S/O. PATRAYYA MATHAD, AGE: 57 YEARS, - 3 - HC-KAR NC: 2025:KHC-D:17372 WP No. 103780 of 2023 OCC: RETIRED EMPLOYEE, R/O. YAKKUNDI, TQ: SAUNDATTI, PRESENTLY RESIDING, AT BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591 121. 10. SMT. GOURAVVA W/O. GURUNINGAYYA KILLEDARMATH, AGE: 53 YEARS, OCC: HOUSEHOLD WORK, R/O. GUDIKATTI VILLAGE, TQ: BAILHONGAL, DIST: BELAGAVI-591 121. …RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R5; NOTICE TO R6-R10 IS DISPENSED WITH; NOTICE TO R1 & R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 08.09.2022 PASSED ON I.A.NO.4 IN O.S.NO.9/2016 PASSED BY PRL. CIVIL JUDGE AND JMFC, SAUNDATTI VIDE ANNEXURE-E AND ALLOW THE APPLICATION DATED 11.03.2019 FILED BY THE PETITIONER VIDE ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17372 WP No. 103780 of 2023 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the order dated 08.09.2022 passed on I.A.No.IV in O.S.No.9/2016 by the learned Principal Civil Judge, Saundatti, wherein the petitioner’s application to implead certain persons as defendants No.5 to 10 is dismissed. The proposed defendant No.5 is the Deputy Commissioner and defendants No.6 to 10 are the brothers of the plaintiff. 2. The plaintiff has sought a declaration that he is the owner of property bearing VPC No.586 measuring 50 x 80 situated at Ward No.2 of Yakkundi village, Savadatti taluk, Belagavi district; and seeks a declaration that the said property is the plaintiff's joint family property; and seeks a direction to delete the names of defendants No.3 and 4 in the property records and also seeks injunction against defendants No.3 and 4. - 5 - HC-KAR NC: 2025:KHC-D:17372 WP No. 103780 of 2023 3. The Trial Court has observed that, given the nature of the relief sought, the proposed defendant No.5- the Deputy Commissioner and defendants No.6 to 10-brothers of the plaintiff, are not necessary parties to the suit. 4. Since the plaintiff has sought a declaration that the property is the joint family property, the Court has taken a view that defendants No.6 to 10 are not necessary parties and since the proposed defendant No.5-Deputy Commissioner is not claiming any right over the property, the proposed defendant No.5- Deputy Commissioner is also not necessary party. 5. Under these circumstances, this Court does not find any error in the order passed by the Trial Court. 6. Hence, the following: - 6 - HC-KAR NC: 2025:KHC-D:17372 WP No. 103780 of 2023 ORDER The petition dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT-MCK List No.: 1 Sl No.: 1