- 1 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 13173 OF 2021 (GM-CPC) BETWEEN: 1. RANGAPPA, S/O GIDDA HANUMANNA, AGED ABOUT 78 YEARS, OCC AGRICULTURIST, 2. KENCHAPPA, S/O GIDDA HANUMANNA, AGED ABOUT 76 YEARS, OCC AGRICULTURIST, 3. GOVINDAPPA, S/O GIDDA HANUMANNA AGED ABOUT 73 YEARS, OCC AGRICULTURIST, PETITIONER NOS.1 TO 3 ARE R/AT NAGARAKAL STREET, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAGALURU - 577 228. 4. RANGAPPA, S/O LATE KARIYAPPA, AGED ABOUT 58 YEARS, MALATESHA STREET, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAGALURU - 577 228. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 5. 5(a) 5(b) DASAPPA, S/O LATE RAMANNA, DEAD BY LRS, SMT.HANUMAKKA, W/O LATE DASAPPA, AGED ABOUT 83 YEARS, OCC HOUSEWIFE, SANTHOSH, S/O LATE DASAPPA, AGED ABOUT 32 YEAR, OCC AGRICULTURIST, PETITIONER NOS.5(a) TO (b) ARE R/AT SIDDARAMESHAWARA STREET, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAGALURU - 577 228. 6. 6(a) 6(b) 6(c) LAXMANA, LATE RAMANNA, DEAD BY LRS, SMT.MALLAMMA, W/O LAXMANA, AGED ABOUT 73 YEARS, MANJUNATHA.L, S/O LAXMANA, AGED ABOUT 46 YEARS, SHANKAR L, S/O LAXMANA, AGED ABOUT 34 YEARS, - 3 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 6(d) 6(e) L.BOJARAJ, S/O LAXMANA, AGED ABOUT 42 YEARS, SUDHA D/O LAXMANA, AGED ABOUT 48 YEARS, PETITIONER NOS.6(a) TO (e) ARE R/O NAGARAKAL STREET, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAALURU - 577 228. 7. UMESHA, S/O LATE NAGARAJAPPA, AGED ABOUT 38 YEARS, 8. HARISHA, S/O LATE NAGARAJAPPA, AGED ABOUT 34 YEARS, 9. LOHITH, S/O LATE NAGARARAJAPPA, AGED ABOUT 32 YEARS PETITIONER NOS.7 TO 9 ARE R/O SIDDARAMESHWARA STREET, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAALURU - 577 228. 10. MOHAN, S/O LATE MALLESHAPPA, AGED ABOUT 36 YEARS, - 4 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 OCC AGRICULTURIST, 11. JAGADEESHA, S/O LATE MALLESHAPPA, AGED ABOUT 32 YEARS, OCC AGRICULTURSIT, 12. EASHAPPA, S/O SANNA HANUMANNA, AGED ABOUT 63 YEARS, OCC AGRICULTURIST, 13. NAGARAJAPPA, S/O SANNA HANUMANNA, AGED ABOUT 58 YEARS, OCC AGRICULTURST, PETITIONER NOS.10 TO 13 ARE R/O REVANASIDDESHWARA STREET, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK. PETITIONER NOS.1 TO 13 ARE REP BY THEIR GENERAL POWER OF ATTORNEY HOLDER BY NAME, L.MANJUNATHA, S/O LAXMANA, AGED ABOUT 34 YEARS, R/O NAGARAKAL STREET, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAALURU - 577 228. …PETITIONERS (BY SRI. H KANTHA RAJA., ADVOCATE) - 5 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 AND: 1. S.SADASHIVAPPA, S/O B.K.SIDDAMALLAPPA, AGED ABOUT 68 YEARS, RAILWAY STATION ROAD, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAGALURU - 577 228. 2. S.R.BASAVARAJU, S/O S.RAJASHEKARAPPA, AGED ABOUT 26 YEARS, R/O AMBEDKAR EXTENSION, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAGALURU - 577 228. 3. A.B.NAVEENA, S/O.T.BASAVARAJAPPA, AGED ABOUT 22 YEARS, 4. T.BASAVARAJAPPA, S/O THYAREGOWDA @ THYARAPPA, AGED ABOUT 60 YEARS, RESPONDENT NOS.3 AND 4 ARE R/O TANK ROAD, BUKKAMBUDHI ROAD, AJJAMPURA VILLAGE AND HOBLI, TARIKERE TALUK, CHIKKAMAGALURU - 577 228. 5. SMT.JYOTHI, W/O ASHOK, AGED ABOUT 37 YEARS, - 6 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 OCC AGRICULTURIST, R/O HARIYANNAHALLI, SHIVANNI HOBLI, AJJAMPURA TALUK, TARIKERE, CHIKKAMAGALUR - 577 228. …RESPONDENTS (BY SRI.S.ASHOKA., ADVOCATE FOR R5; R1, R3, R4 ARE SERVED AND UNREPRESENTED; V/O/D 05.11.2025 SERVICE OF NOTICE TO R2 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED 4.1.2020 IN O.S.NO.362/2012 REJECTING I.A.NO.13 PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, TARIKERE VIDE ANENXURE-A BY ALLOWING THIS WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Plaintiffs are before this Court in this writ petition filed under article 227 of the Constitution of India with a prayer to set aside the order dated 04.01.2020 passed on I.A.No.13 in O.S.No.362/2012 by the Court of Additional Civil Judge and JMFC, Tarikere vide annexure-A. 2. Heard the learned counsel for the petitioners. There is no representation on behalf of the respondents. - 7 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 3. O.S.No.362/2012 is filed by the petitioners herein before the Jurisdictional Civil Court at Tarikere seeking relief of declaration and permanent injunction in respect of the suit schedule property bearing Sy.No.67/1 measuring 5 acres 35 guntas situated at Ajjampura Village, Tarikere Taluk. The contesting defendants who have entered appearance in the suit have filed written statement opposing the suit claim. I.A.No.13 was filed on behalf of the plaintiffs under Order 1 Rule 10(2) of CPC in O.S.No.362/2012 with a prayer to implead respondent No.5 herein as proposed defendant No.5 in the suit. The said application was opposed by the proposed defendant by filing objections and the Trial Court vide order impugned has rejected in I.A.No.13 and being aggrieved by the same, plaintiffs are before this Court. 4. Learned Counsel for the petitioners having reiterated the grounds urged in this petition submits that Trial Court has rejected the application on the ground that suit schedule property is bearing Sy.No.67/1 whereas, the - 8 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 property purchased by proposed defendants is bearing Sy.No.67/4 and therefore she is not necessary and proper party to the suit. He submits that defendant Nos.3 and 4 are the vendors of the proposed defendants and their titled deed would clearly goes to show that they had purchased property bearing Sy.No.67/1 measuring 35 guntas, which is the property sold by them to the proposed defendant. Accordingly, he prays to allow this petition. 5. The suit schedule property is land bearing Sy.No.67/1 measuring 5 acres 35 guntas situated in Ajjampura Village, Tarikere Taluk. It appears that defendant Nos.3 and 4 had purchased a portion of the suit schedule property in Sy.No.67/1/P1 measuring 35 guntas under a registered sale deed dated 31.07.2008, which is prior to institution of the present suit. During the pendency of the suit defendant Nos.3 and 4 have sold the property purchased by them under the aforesaid sale deed dated 31.07.2008 to the proposed defendant. Though the - 9 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 extent of land and the boundaries of the land which are subject of matter of sale deed of defendant Nos.3 and 4 and the sale deed of proposed defendant No.5 tallies, the survey number of the property has been mentioned in the sale deed of proposed defendant as Sy.No.67/4 instead of Sy.No.67/1/P1. 6. It appears that Trial Court was misled by this and therefore has erroneously rejected I.A.No.13 filed on behalf of the plaintiffs. Since proposed defendant No.5 has purchased the property from defendant Nos.3 and 4 which they had purchased under sale deed dated 31.07.2008 bearing document No.898/2008-09, I am of the opinion that the Trial Court was not justified in rejecting the application. Accordingly, the following: ORDER (i) The writ Petition is allowed. (ii) The impugned order dated 04.01.2020 passed on I.A.No.13 in O.S.No.362/2012 by the - 10 - HC-KAR NC: 2025:KHC:45979 WP No. 13173 of 2021 Court of Additional Civil Judge and JMFC, Tarikere is set aside and consequently, the prayer made in I.A.No.13 is granted. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 17