- 1 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.42738/2019 (GM-CPC) BETWEEN: SMT. LEELAVATHI V. PAWATE W/O VEERABADRAPPA ISHTALINGAPPA PAWATE D/O LATE G. SIDDALINGAPPA AGED ABOUT 63 YEARS R/O 120, GAINFORD COURT, DULUTH GEORGIA (USA)-30097. …PETITIONER (BY SRI. DEEPAK SHETTY, ADV.,) AND: 1. SMT. G.S. KAMALAKSHAMMA W/O VEERABADRAPPA ISHTALINGAPPA PAWATE D/O LATE G. SIDDALINGAPPA AGED 76 YEARS R/O. 3370/2021, MCC B BLOCK KUVEMPUR NAGAR NEAR LAKSHMI FLOOR MILL 2ND CROSS, DAVANAGERE-577002. 2. 3. MRS. BHOOMIKA MALAKOTI D/O LATE P.C. SUSHEELAMMA AGED 40 YEARS R/O HOUSE NO.86, SILVER TOWN GOKUL ROAD HUBLI. MALLIKARJUN C. PATTANSHETTY S/O LATE P.C. SUDHEELAMMA AGED 48 YEARS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 C/O G.C. SHIVAYOGAPPA R/O. 210/1, 3RD MAIN P.J. EXTENSION, DAVANAGERE. 4. G.S. SHIVAYOGAPPA S/O LATE G. SIDDALINGAPPA AGED 67 YEARS R/O 210/1, 3RD MAIN P.J. EXTENSION, DAVANAGERE. 5. G.S. SIDDARAJU S/O LATE G. SIDDALINGAPPA AGED MAJOR R/O BASAVAGANAGA, 593/2 6TH CROSS, 8TH MAIN P.J. EXTENSION, DAVANAGERE. 6. G.S. PREMA W/O LATE G.S. SHANTAVEERAPPA AGED 60 YEARS R/O 1571/21, 1ST MAIN 2ND BUS STOP, SHIVAKUMAR NAGAR NITTIUVALLI TOWN, DAVANAGERE. 7. G.S. SIDDALINGAPPA S/O LATE G.S. SHANTAVEERAPPA AGED 34 YEARS R/O 1571/21, 1ST MAIN 2ND BUS STOP, SHIVAKUMAR NAGAR RO NITTUVALLI TOWN, DAVANAGERE. 8. G.S. LEELAVATHI W/O LATE SHAMBULINGAPPA - 3 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 AGED ABOUT 54 YEARS R/O 2757/5, SRINIVAS NILAYA TEACHER COLONY R/O VIDYANAGAR, DAVANAGERE. 9. GAJANANA STORES SRI SUREDRA BALIGA TENANT UNDER DEFENDANT NO.9 CHURCH ROAD, NEAR RAM & CO CIRCAL R/O PJ EXTENSION, DAVANAGERE. 10. RASVANTHI COOL DRINK BY SRI MARUTHI AJRE GROUND FLOOR AND FIRST FLOOR TENANT UNDER DEFENDANT NO.9 CHURCH ROAD NEAR RAM & CO CIRCAL R/O PJ EXTENSION, DAVANAGERE. 11. BABU BEEDI SHOP BY ITS PROPRITOR TENANT UNDER DEFENDANT NO.9 CHURCH ROAD NEAR RAM & CO CIRCAL TENANT UNDER DEFENDANT NO.6, R/O PJ EXTENSION, DAVANAGERE. 12. JOSEPH WATER WORKS BY C K VARGEES TENANT UNDER DEFENDANT NO.6 CHURCH ROAD NEAR RAM & CO CIRCAL R/O PJ EXTENSION, DAVANAGERE. 13. PRADEEP ASSOCIATES BY SRI D NAGARAJ TENANT UNDER DEFENDANT NO.5, 6 & 9 FIRST FLOOR, GSS COMPLEX - 4 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 CHURCH ROAD NEAR RAM & CO CIRCAL R/O PJ EXTENSION, DAVANAGERE. 14. H.N. RAJASHEKHARAPPA ADVOCATE TENANT UNDER DEFENDANT NO.5, 6 & 9 FIRST FLOOR, GSS COMPLEX CHURCH ROAD NEAR RAM & CO CIRCAL R/O PJ EXTENSION, DAVANAGERE. 14. SWATHI ASSOCIATES BY ITS PROPRIETOR TENANT UNDER DEFENDANT NO.5, 6 & 9 FIRST FLOR, GSS COMPLEX CHURCH ROAD NEAR RAM & CO CIRCAL R/O PJ. EXTENSION, DAVANAGERE. 16. A.M. HEGDE ADVOCATE TENANT UNDER DEFENDANT NO.5, 6 & 9 FIRST FLOOR, GSS COMPLEX CHURCH ROAD NEAR RAM & CO CIRCAL PJ.EXTENSION, DAVANAGERE. 17. ZACK COMMUNICATION SRI SYED AHMED HUSSAIN TENANT UNDER DEFENDANT NO.5, 6 & 9 3RD MAIN ROAD NEAR RAM AND CO CIRCAL R/O PJ.EXTENSION, DAVANAGERE. 18. GANESH AUTO LINKS BY ITS PROPRIETOR TENANT UNDER DEFENDANT NO.5, 6 & 9 R/O 3RD MAIN ROAD - 5 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 NEAR RAM AND CO CIRCAL R/O PJ.EXTENSION, DAVANAGERE. 19. JAYADEVA AGENCIES BAKKANNA PURCHASED FROM RESPONDENT 1 TO 9 D.NO.82/11, P.B.ROAD, DAVANAGERE. 20. GURURAGHAVENDRA BAR AND RESTAURANT BY M. RAMESH PURCHASED FROM DEFT. NO.1 TO 9 R/O DOOR NO.81/11 P.B.ROAD, DAVANAGERE. 21. REDDY ASSOCIATES BY BABU REDDY PURCHASED FROM DEFT. NO.1 TO 9 R/O DOOR NO.81/11 P.B.ROAD, DAVANAGERE. 22. DAVANAGERE AUTOMOBILE BY SRIKANTH SO KOTRAPPA TENANTS UNDER DEFT. NO.9 DOOR NO.82/12, GROUND FLOOR P.B.ROAD, DAVANAGERE. 23. G.K. SURESH, RAGHAVENDRA NAIK M.M. ANJANEYA ADVOCATE TENANTS UNDER DEFT. NO.1 TO 9 DOOR NO.82/12, FIRST FLOOR P.B.ROAD, DAVANAGERE. 24. MARUTHI ENTERPRISES MAHADEVAPPA GADIGEMATH - 6 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 TENANTS UNDER DEFT. NO.1 TO 9 DOOR NO.82/3, FIRST FLOOR P.B.ROAD, DAVANAGERE. 25. AMRUTH STEEL BY SHRI. GANESH TENANTS UNDER DEFT. NO.1 TO 9 DOOR NO.82/14/15, GROUND FLOOR P.B.ROAD, DAVANAGERE. 26. BATHI HOTEL BY BATHI JAYANNA TENANTS UNDER DEFT. NO.5 DOOR NO.82/16, GROUND FLOOR P.B.ROAD, DAVANAGERE. 27. VISHAL CEMENTS BY NARAPPA TENANTS UNDER DEFT. NO.1 TO 9 DOOR NO.82/17 P.B.ROAD, DAVANAGERE. 28. MALLIKARJUNA KANAVI LAWYER TENANTS UNDER DEFT. NO.1 TO 9 DOOR NO.82/17, FIRST FLOOR P.B.ROAD, DAVANAGERE. 29. AMRUTH TOWERS BY M. SUNANDA PURCHASED FROM DEFT. NO.1 TO 9 DOOR NO.82/9A, 9A1, 9A(2) P.B.ROAD, DAVANAGERE. - 7 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 30. SATISH PAWAR LAKSHMAN PAWAR MALTHESH PAWAR CHARCOAL MERCHANTS PURCHASED FROM DEFT. NO.1 TO 9 DOOR NO.82/9(B), 82/9(C), 82/9(D). PB ROAD, DAVANAGERE. 31. B.M. SHIVANANDAIAH AND ASSOCIATES ADVOCATES TENANTS UNDER DEFT.NO.1 TO 9 DOOR NO.81/19 PB ROAD, DAVANAGERE. 32. NAGARAJ PROPRIETOR OF JAYA STUDIO TENANTS UNDER DEFT. NO.5 1ST FLOOR, 210/1, 3RD MAIN PJ EXTENSION, DAVANAGERE. 33. SMT. SAVTRI GUNDI D/O LATE GUNDI MUPPANNA AGED 76 YEARS NO.34, JAYACHAMARAJA NAGAR HUBLI-580020. [DELETED AS PER ORDER DTD:11.03.2025] 34. SRI. BASAVARAJ S/O MUPPANNA GUNDI AGED 66 YEARS NO.34, JAYACHAMARAJA NAGAR HUBLI-580020. 35. SRI. GURUSIDDAPPA S/O MUPPANNA GUNDI AGED 62 YEARS NO.34, JAYACHAMARAJA NAGAR HUBLI-580020. - 8 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 36. SMT. JAYASHREE W/O CHANNAPPA @ CHANNABASAPPA GUNDI AGED 59 YEARS NO.34, JAYACHAMARAJA NAGAR HUBLI-580020. 37. M. SULOCHANA W/O LATE SHIVAYOGI AGED 82 YEARS NO.34, JAYACHAMARAJA NAGAR HUBLI-580020. 38. SMT. MADHUMATI W/O CHANNABASAPPA SUNKAD AGED ABOUT 64 YEARS NO.34, JAYACHAMARAJA NAGAR HUBLI-580020. 39. SMT. SHASHIKALA W/O P.S. MALLAIAH AGED ABOUT 66 YEARS NO.34, JAYACHAMARAJA NAGAR HUBLI-580020. …RESPONDENTS (BY SRI. CHIDAMBARA G.S. ADV., FOR R4, R6 & R7 AND DECEASED R33 R2, R8, R9 ARE SERVED, R34, R36, R37, R38 ARE SERVED V/O/DTD:26.09.2019, NOTICE TO R10 TO R32 ARE D/W V/O/DTD:24.01.2025, NOTICE TO R1, R2, R3 & R5 ARE D/W V/O/DTD:11.03.2025, R33 IS DELETED V/O/DTD:24.06.2026, WP AGAINST R35 & R39 STANDS ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 10.07.2019 PASSED ON I.A.NOS.8, 9, 10 AND 11, IN FDP NO.17/2015 PASSED BY THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANAGERE, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANENXURE-A & ETC. - 9 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 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 Order dated 10.07.2019 In FDP No.17/2015 by the I Additional Senior Civil Judge and JMFC., Davanagere, (for short, ‘the FDP Court’). 2. Sri.Deepak Shetty, learned counsel appearing for the petitioner submits the petitioner, who is the decree holder in O.S.No.5/2010, filed FDP proceedings and in the said proceedings respondent Nos.33 to 39 have filed an application for impleading which came to be allowed by the FDP Court without considering the merits of the case. It is submitted that the suit is filed by the petitioner seeking partition among their branch of the family pursuant to the decree in O.S.No.53/1972 and in the said decree the proposed respondents/impleading applicants - 10 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 were from the different branch and they have been allotted share as per the decree in O.S.No.53/1972. Hence, they are neither necessary nor proper parties. In support of his contentions, he placed reliance on the decision of the Hon'ble Supreme Court in the case of NAK Engineering Company Pvt. Ltd. v. Tarun, Keshrichand Shah and Ors.1 and seeks to allow the petition. 3. Sri.Chidambara G.S., learned counsel appearing for the respondent Nos.4, 6, 7 and deceased respondent No.33 submits that the respondent No.33 had died during the pendency of this petition and she was the GPA holder of other applicants and she had sisters, who are the legal heirs. It is submitted that the writ petition against respondent Nos.35 and 39 stood abated as the petitioner has failed to take steps to bring the legal heirs of the said respondents in the present petition. Hence, the impugned order allowing the impleadment of those respondents has attained finality. Hence, he seeks to dismiss the petition. 1 2026 LiveLaw (SC) 5 - 11 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 4. It is to be noticed that Smt.Savitri M.Gundi, now deceased, and others filed an application under Order I Rule 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking to implead themselves as respondents in FDP No.17/2015 on the ground that the properties owned by them are the subject matter of the preliminary decree and they were not arrayed as party to the said proceedings. It is to be noticed that the said impleading applicants have placed documents before the FDP Court to indicate that they have a right over certain properties, which are a part of the preliminary decree. It is also required to be noticed that the said applicants have filed I.A.No.10 under Section 151 of the CPC seeking to modify the preliminary decree along with the applications in I.A.Nos.8 and 9 for impleadment. The FDP Court taking into consideration the decision of this Court in W.P.No.44710/2012 and considering the material placed by the impleading applicants, prima facie - 12 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 found that the impleading applicants/proposed respondents are proper and necessary parties in the FDP proceedings and kept I.A.No.10 filed seeking for modification of preliminary decree in abeyance. I do not find any good grounds to interfere with the impugned order. 5. The decision relied upon by the learned counsel for the petitioner in the case of NAK Engineering Company Pvt. Ltd. referred supra, wherein the Hon'ble Supreme Court considering the earlier decision at paragraph No.40 has clarified as to who are the necessary and proper parties to decide the lis and the plaintiff, who is the dominus litis, cannot be compelled to make others as a party to the suits. 6. In the case on hand, the applicants are specifically contending that they have a share in the property covered in the preliminary decree and the said issue as to whether they have any right in the suit - 13 - HC-KAR CNR: KAHC010306162019 NC: 2026:KHC:43227 W.P. No.42738/2019 schedule properties or not is required to be gone into by the FDP Court during the course of enquiry and the FDP Court has rightly kept the application for modification of preliminary decree in abeyance. It is also to be noticed that the writ petition against two of the respondents/applicants has been dismissed as abated and this Court has taken note of the said aspect also and permitted the other applicants as well to contest the FDP proceedings. I do not find any error in the impugned order calling for interference in this petition. The writ petition is devoid of merits and the same is rejected. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 16