- 1 - HC-KAR NC: 2026:KHC:31495 W.P. No.6977/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.6977/2022 (GM-CPC) BETWEEN: SRI. SANATH .M AGED 32 YEARS S/O R. MANI NO.31/1, 6TH MAIN 9TH CROSS, MALLESHWARAM BENGALURU - 560 003. …PETITIONER (BY SRI. VIVEK B.N. ADV., FOR SRI. ABHINAV R, ADV.,) AND: 1. SMT. MEENAKSHI .T AGED 55 YEARS W/O LATE K. BASAVARAJ NO.129/A, BHEL-EDN TOWNSHIP ATTIGUPPE, VIJAYANAGAR BENGALURU - 560 040. 2. M/S. MUTHOOT FINANCE LTD., REGIONAL OFFICE AT BENGALURU - IV NO.1082-9, TRIVENI ROAD NEAR BMTC BUS STAND CIRCLE YESHWANTHAPURA BENGALURU - 560 022. ALSO AT: BRANCH OFFICE NO. 02360 Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31495 W.P. No.6977/2022 RPC LAYOUT, HAMPI NAGARA BENGALURU - 560 040. …RESPONDENTS (BY SRI. YATHISHA K.J. ADV., FOR R1 [ABSENT] R2 SD AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 14.02.2022 PASSED BY THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNX-L BY ALLOWING THE PRESENT W.P. AND CONSEQUENTLY, DISMISS THE I.A.NO.2 FILED BY THE R-1 IN P AND SC NO.319/2019 & 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 writ petition is filed challenging the order dated 14.02.2022 passed on I.A.No.2 in P and S.C.No.319/2019 by the VII Additional City Civil and Sessions Judge, Bengaluru, (for short, ‘the trial Court’). 2. Sri.Vivek B.N., learned counsel appearing for the petitioner submits that the petitioner has initiated P and S.C. proceedings seeking prayer to issue succession certificate in favour of the petitioner contending that his - 3 - HC-KAR NC: 2026:KHC:31495 W.P. No.6977/2022 wife Anu has passed away on 15.02.2019 and both the petitioner and the deceased Anu B., obtained the loan from the respondent No.2 herein by pledging the gold ornaments. In the said proceedings the mother of the deceased filed an application seeking for impleadment and the said application was opposed by the petitioner contending that she is not the Class-1 heir. However, the trial Court, without assigning any reasons, allowed the application by merely recording that the mother of the deceased Anu is a necessary party. He refers to Section 15(1)(a) of the Hindu Succession Act, 1956, and seeks to allow the petition. 3. There is no representation for the respondent. 4. I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. 5. The petitioner filed P and S.C.No.319/2019 under Section 276 and 371 of the Indian Succession Act, - 4 - HC-KAR NC: 2026:KHC:31495 W.P. No.6977/2022 1925, seeking prayer to issue succession certificate in favour of the petitioner in respect of immovable properties referred in the schedule of the petition filed before the trial Court. The perusal of the memorandum of petition indicates that petitioner is seeking succession certificate claiming to be the Class-1 heir of his wife deceased Anu B. The said proceedings are pending before the trial Court and in the said proceedings, Smt. Meenakshi T., filed an application under Order I Rule 10(2) of CPC seeking to implead herself as a party in the said proceedings. The application is supported with an affidavit. The said application was opposed by the petitioner. The trial Court under the impugned order allowed the said application. 6. It is to be noticed that the trial Court while allowing I.A.No.2 filed by the mother of the deceased Anu B., observed that the mother of the deceased, who is the proposed respondent in P and S.C.No.319/2019, is a necessary party. In my considered view, the approach of - 5 - HC-KAR NC: 2026:KHC:31495 W.P. No.6977/2022 the trial Court in allowing the application is without any reasons. 7. Be that as it may, Section 15(1)(a) of the Hindu Succession Act, 1956, speaks about General rules of succession in the case of female Hindus, the aforesaid section indicates that if a female Hindu dies intestate, her estate shall devolve firstly upon the son and daughters and the husband. In the case on hand, the application is not by the son or daughter, but it is made by the mother of the deceased. The proceedings initiated by the husband is seeking to issue succession certificate and without considering the said aspect the trial Court has proceeded to allow the application. 8. Hence, for the aforementioned reasons, I proceed to pass the following: ORDER i. The writ petition is allowed. - 6 - HC-KAR NC: 2026:KHC:31495 W.P. No.6977/2022 ii. The impugned order dated 14.02.2022 passed on I.A.No.2 in P and S.C.No.319/2019 by the VII Additional City Civil and Sessions Judge, Bengaluru, is hereby set aside. Consequently, I.A.No.2 filed by respondent No.1 - Smt.Meenakshi T., under Order I Rule 10(2) is rejected. iii. The trial Court shall dispose of the proceedings in P and S.C.No.319/2019 as expeditiously as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 31