- 1 - HC-KAR NC: 2026:KHC:9658 WP No. 18664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18664 OF 2025 (GM-CPC) BETWEEN: SMT NAGAMMA SINCE DEAD BY L.RS., 1. SRI.NAGARAJU, S/O. DASEGOWDA, AGED ABOUT 75 YEARS 2. SRI.RAMU, S/O.NAGARAJU, AGE ABOUT 48 YEARS 3. SRI.SHANKARA, S/O.NAGARAJU, AGED ABOUT 44 YEARS, PETITIONER NOS 1 TO 3 ARE R/AT MALLEGOWDANAKOPPALU VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK. MANDYA DISTRICT - 571438 4. SMT. KUMARI W/O. KUMARA, AGED ABOUT 42 YEARS, R/AT.KENCHANAHALLI VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK. MANDYA DISTRICT BENGALURU 571 434 5. SMT. GOWRAMMA, W/O.RAMEGOWDA, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9658 WP No. 18664 of 2025 AGED ABOUT 48 YEARS, R/AT.GOPALAPURA, KASABA HOBLI, MANDYA TALUK AND DISTRICT 571401 6. SMT. NAGARATHNA, D/O.RAMEGOWDA, AGED ABOUT 48 YEARS, R/AT.KAGE HALLADA DODDI, KASABA HOBLI, MANDYA TALUK AND DISTRICT 571401 7. SMT. SAROJAMMA, W/O.SIDDARAJU, AGED ABOUT 43 YEARS, R/AT.GOPALAPURA VILLLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT 571401 8. SMT. SAKAMMA @ BHAGYAMMA, W/O.JAYARAJU, AGED ABOUT 41 YEARS, R/AT.SEETHAPURA CHINAKURALI HOBLI, PANDAVAPURA TALUK. MANDYA DISTRICT 571434 …PETITIONERS (BY SRI. B VIJAY SHETTY., ADVOCATE) AND: SRI SIDDEGOWDA @ KULLEGOWDA AGED ABOUT 53 YEARS, R/AT.GANAGURU VILLAGE, K. SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK. MANDYA DISTRICT 571438 SINCE DEAD AND HIS L.R. IS ALREADY ON RECORD AS PETITIONERS AND RESPONDENT NO.1 HEREIN AS PER THE ORDER DATED 29.09.2014 PASSED IN FDP NO.6/2013 - 3 - HC-KAR NC: 2026:KHC:9658 WP No. 18664 of 2025 1. SRI. BASAVARAJU, S/O.SIDDEGOWDA @ KULLEGOWDA AGED ABOUT 62 YEARS, R/AT.GOPALAPURA VILLLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT 571401 2. SRI. MAHADEVA, S/O. BASAVARAJU, R/AT.GANANGOOR VILLAGE, K. SHETTIHALLI HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT 571438 SMT. SHASHIKALA, W/O.SIDDARAJU, AGED ABOUT 38 YEARS, R/AT.PANAKANAHALLI, DUDDA HOBLI, MANDYA TALUK DISTRICT 571405. SINCE DEAD ON 28/09/2024. IA FILED TO BRING LRS ON RECORD. 3. Y.S.NARENDRA S/O SIDDARAMU AGED ABOUT 31 YEARS 4. Y.S.NISARGA D/O SIDDARAMU AGED ABOUT 23 YEARS BOTH ARE R/AT PANAKANAHALLI DUDDA HOBLI, MANDYA TALUK AND DIST – 571 402 …RESPONDENTS (BY SRI.PRASANNA V.R., ADVOCATE FOR R2; R1, R3 AND R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE CIVIL JUDGE AND JMFC AT SRIRANGPATNA IN F.D.P. 06/2013 DTD. 22.08.2024 IN ALLOWING THE APPLICATION FILED BY THE R-3 HEREIN IN I.A.NO. 3 UNDER - 4 - HC-KAR NC: 2026:KHC:9658 WP No. 18664 of 2025 ORDER I RULE 10(2) READ WITH SECTION 151 OF CPC AND THEREBY TO DISMISS THE SAID APPLICATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiffs in FDP No.6/2013 on the file of the Principal Civil Judge and JMFC, Srirangapatna, is directed against the impugned order dated 22.08.2024 passed on I.A.No.3, whereby the said application filed by respondent No.2 under Order I Rule 10(2) CPC was rejected by the trial Court. 2. Heard learned counsel for the petitioners and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that in the aforesaid Final Decree Proceedings in FDP No.6/2013 instituted by the petitioners against the respondent Nos.1, 3 and 4, the respondent No.2 sought for impleadment on the ground that the respondent No.1 – Siddegowda, in FDP had executed the registered Will dated 29.09.2006 in favour of respondent No.2 – impleadment applicant, the petitioner disputed the said Will culminating in the impugned order in which the Trial Court allowed - 5 - HC-KAR NC: 2026:KHC:9658 WP No. 18664 of 2025 the impleading application. Aggrieved by the impugned order passed by the trial Court, petitioner is before this Court by way of the present petition. 4. A perusal of the material on record will indicate that in addition to seeking impleadment in the instant Final Decree Proceedings, the respondent No.2 has also filed one more suit in O.S.No.42/2019 against the petitioners and other parties, which is pending before the Court of the Additional Senior Civil Judge, Srirangapatna. 5. Under these circumstances, since the subject matter of both the present Final Decree Proceedings in FDP No.6/2013 and O.S.No.42/2019 are identical/similar, and between the same parties, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to exercise my jurisdiction/powers under Article 227 of the Constitution of India, read with Section 24 of CPC and direct that the Final Decree Proceedings in FDP No.6/2013 be withdrawn from the Court of the Principal Civil Judge and JMFC, Srirangapatna to be transferred to the Court of the Additional Senior Civil Judge, Srirangapatna to be - 6 - HC-KAR NC: 2026:KHC:9658 WP No. 18664 of 2025 clubbed, consolidated, tried and disposed of along with O.S.No.42/2019 and in accordance with law. 6. In the result, I pass the following: ORDER i) The petition is hereby disposed of without interfering with the impugned order. ii) The Registry of the Trial Court is directed to withdraw the Final Decree Proceedings in FDP No.6/2013 from the Court of the Principal Civil Judge and JMFC, Srirangapatna to be transferred to the Court of the Additional Senior Civil Judge, Srirangapatna to be clubbed, consolidated, tried and disposed of along with O.S.No.42/2019 and in accordance with law. iii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 20