- 1 - HC-KAR NC: 2026:KHC:31744 W.P. No.21675/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21675/2022 (GM-CPC) BETWEEN: 1. ALTHAF AHAMED S/O LATE SMT. ZEENATHUNNISSA AGED ABOUT 40 YEARS R/AT NO.15, KHAJI MOHALLA BEHIND JAMIYA MASJID SHIMOGA TOWN-577201 SHIMOGA DISTIRCT. …PETITIONER (BY SRI. GURUPRASAD HEGDE, ADV., FOR SRI. S.V. PRAKASH, ADV.,) AND: 1. AMBRIN ANJANU W/O MUDASHIR ALIKHAN AGED ABOUT 28 YEARS NO. 2129, 1ST MAIN ROAD MANDYA MOHALLA MYSORE CITY, MYSORE-570021 . 2. SMT. ALAMAS ANJUM W/O ATHIK BASHA BASHER AGED 33 YEARS AL MAHAZAR STREET BEHIND NEW JINAN HOSPITAL BEHIND MADRAS A SCHOOL JEDDAH, KINGDOM OF SAUDI RABIA REPRESENTED BY HER GPA HOLDER RESPONDENT NO.1. …RESPONDENTS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31744 W.P. No.21675/2022 (BY SRI. K.P. POOVANNA, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS VIDE ANNX-E DTD 08.09.2022 IN O.S.NO.23/2014 ON I.A.NO.5, ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SHIKARIPURA AND TO SET ASIDE THE SAME AND RESTORE THE SUIT BY ALLOWING THE I.A.NO.5 BY WAY OF ISSUANCE OF WRIT OF CERTIORARI & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 08.09.2022 passed on IA.No.5 in OS.No.23/2014 by the Principal Civil Judge and JMFC, Shikaripura (for short ‘the trial Court’). 2. Heard the learned counsel for the petitioner, the learned counsel for the respondents and meticulously perused the material available on record. 3. The mother of the petitioner and the respondents filed OS.No.23/2014 seeking relief of declaration that the gift dated 19.11.2013 is null and void and other relief. In the said - 3 - HC-KAR NC: 2026:KHC:31744 W.P. No.21675/2022 suit, the defendants filed a written statement and the plaintiff during the pendency of said suit has died on 20.11.2022 and thereafter the petitioner herein claiming to be the son of the original plaintiff filed an application under Order I Rule 10 of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking to come on record as the original plaintiff's legal representative. The trial Court rejected the said application on the ground that the son of the original plaintiff ought to have filed an application under Order XXII Rule 3 of the CPC as the suit was abated. It is required to be noticed that the petitioner in the facts and grounds of the writ petition has clearly stated that the petitioner is the legal heir of the original plaintiff and by inadvertence application was filed and the application for impleadment was filed within a period of 90 days. Though the petitioner ought to have filed an application under Order XXII Rule 3 of the CPC, it is also to be noticed that the defendants are not disputing the fact that the petitioner is the son of the plaintiff. Hence, without standing on the technicality, the application deserves to be allowed. Hence, considering the said submissions and the grounds, I am of the considered view that the writ petition deserves to be allowed by permitting the - 4 - HC-KAR NC: 2026:KHC:31744 W.P. No.21675/2022 petitioner to come on record as the legal representative of the original plaintiff. For the aforementioned reasons, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 08.09.2022 passed on IA.No.5 in OS.No.23/2014 by the Principal Civil Judge and JMFC, Shikaripura is hereby set aside. iii. The petitioner herein is permitted to prosecute the suit in OS.No.23/2014. iv. The petitioner shall amend the cause title of the plaint and file amended plaint and continue with the proceedings. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 44