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2026 DAILYLAW 12986 (KAR)

SRI T N DEVARAJ v. SRI GOPALE GOWDA

WP/15838/2024 · 2026-02-20

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10582 WP No. 15838 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 15838 OF 2024 (GM-CPC) BETWEEN: 1. SRI T N DEVARAJ S/O NANJUNDE GOWDA AGED ABOUT 59 YEARS, R/O THAVARADEVARA KOPPALU VILLAGE, SALAGAME POST, KASABA HOBLI, HASSAN TALUK AND DISTRICT-573219 …PETITIONER (BY SRI. SAGAR V SHASTRI, ADVOCATE) AND: 1. SRI GOPALE GOWDA S/O LATE THIMME GOWDA AGED ABOUT 69 YEARS, R/AT. 'UDAYA RAVI NILAYA', HOYSALANAGARA, POLICE COLONY, HASSAN -573201 2. SRI. M. T. RANGASWAMY S/O LATE THIMME GOWDA AGED ABOUT 81 YEARS, R/AT. MARKULI VILLAGE, HASSAN TALUK, HASSAN DISTRICT-573201 3. SRI. RAMAKRISHNE GOWDA S/O LATE THIMME GOWDA AGED ABOUT 67 YEARS, R/AT. MARKULI VILLAGE, HASSAN TALUK, HASSAN DISTRICT-573201 4. SRI. KRISHNA KUMAR S/O LATE THIMME GOWDA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10582 WP No. 15838 of 2024 AGED ABOUT 65 YEARS, R/AT. VIDYANAGARA LAYOUT, HASSAN TALUK, HASSAN DISTRICT-573201 5. SMT. NAGARATHNAMMA W/O SRI. KRISHNA KUMARA AGED ABOUT 61 YEARS, R/AT. VIDYANAGARA LAYOUT, HASSAN TALUK, HASSAN DISTRICT-573201 6. SMT.KOMALA DEVI D/O SMT. SHANTHALAKSHMI (SISTER OF PLAINTIFF-2) AND LATE RANGE GOWDA AGED ABOUT 51 YEARS, R/AT. KUVEMPU NAGAR, HASSAN TALUK, HASSAN DISTRICT-573201 7. THE DIRECTOR MINES AND GEOLOGY DEPARTMENT, KHANIJA BHAVANA, BENGALURU-560001 8. THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT, SATYAMANGALA LAYOUT, NEAR RTO OFFICE, HASSAN-573201 …RESPONDENTS (BY SRI. GANAPATHY BHAT, ADVOCATE FOR R1 SRI. T.M.VENKATA REDDY, ADV. FOR C/RES. NOS.3 & 4 R2 SERVED SMT. V.HEMALATHA, AGA FOR R7 & R8) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 28.05.2024 PASSED ON IA NO. VII FILED UNDER ORDER 1 RULE 10 OF CPC IN O.S.NO.88/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT HASSAN TO IMPLEAD THE PETITIONER AND CONSEQUENTLY TO ALLOW IA NO. VII AS PER ANNX-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10582 WP No. 15838 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the impleading applicant in O.S.No.88/2023 is directed against the impugned order dated 28.05.2024 passed on I.A.No.7 by the II Additional Senior Civil Judge and JMFC at Hassan, whereby the said application filed by the petitioner/impleading applicant seeking impleadment under Order 1 Rule 10 of CPC was rejected by the trial Court. 2. Learned counsel for respondent No.1/plaintiff submits that he has no objection for the present petition to be allowed and I.A.No.7 to be allowed by the trial Court since the parties are in the process of settling the dispute between them. 3. Submission is placed on record. 4. In the result, I pass the following: ORDER i) Petition is hereby allowed. ii) Impugned order dated 28.05.2024 passed on I.A.No.7 by the II Additional Senior Civil Judge and JMFC at Hassan is set aside. IA No. 7 filed by the petitioner is hereby allowed. - 4 - HC-KAR NC: 2026:KHC:10582 WP No. 15838 of 2024 iii) The petitioner is directed to be impleaded as additional Defendant No.7 in the suit. iv) Respondent No.1/plaintiff is permitted to file amended petition before the trial Court and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 9