- 1 - HC-KAR CNR: KAHC010387012022 NC: 2026:KHC:39865 WP No. 16985 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 16985 OF 2022 (GM-CPC) BETWEEN: SRI MAHADEVASWAMY S/O LATE B.M. CHIKKAPUTTAPPA AGED ABOUT 67 YEARS R/AT BILUGULI VILLAGE BILIGERE HOBLI NANJANGUD TALUK. …PETITIONER (BY SRI SUNIL S. RAO, ADVOCATE, FOR SRI T. SESHAGIRI RAO, ADVOCATE) AND: 1. SMT. JALAJAKSHI D/O LATE B.M. CHIKKAPUTTAPPA W/O N. SRIKANTASWAMY AGED ABOUT 55 YEARS R/AT T-1, 3RD FLOOR FOUNDATION SHANKARA APARTMENTS 2ND CROSS, SHANKARA MAT ROAD FORT MOHALLA, MYSORE-04. 2. SMT. MAHADEVAMMA D/O LATE B.M. CHIKKAPUTTAPPA W/O BASAVANNA S/O LATE ERAPPA AGED ABOUT 72 YEARS R/AT KAHALLY VILLAGE BILIGERE HOBLI NANJANGUD TALUK 571301. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010387012022 NC: 2026:KHC:39865 WP No. 16985 of 2022 3. SMT. BRAMARAMBANI D/O LATE B.M. CHIKKAPUTTAPPA W/O PRAKASH, S/O HALINA SHIVANNA AGED ABOUT 47 YEARS R/AT CHIKKAHALLI VILLAGE VARUNA HOBLI, MYSORE TALUK 570010. 4. SRI B.M. MADHU S/O SRI MAHADEVASWAMY AGED ABOUT 37 YEARS. 5. SMT. B.M. KEERTHI S/O MAHADEVASWAMY AGED ABOUT 35 YEARS. 6. B.M. SHARATHKUMAR S/O MAHADEVASWAMY AGED ABOUT 29 YEARS RESPONDENT NOS. 4 TO 6 ARE R/AT BILUGULI VILLAGE BILIGERE HOBLI NANJANGUD TALUK 571301. …RESPONDENTS (BY SRI P. MAHESHA, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.24.03.2022 AND 28.07.2022 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC, NANJANGUD IN FDP NO.15/2019 ON MEMO AND CONSEQUENTLY ON IA NO.V FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE 1 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOUND AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR CNR: KAHC010387012022 NC: 2026:KHC:39865 WP No. 16985 of 2022 ORAL ORDER This writ petition is filed challenging the orders dated 24.03.2022 and 28.07.2022 in FPD.No.15/2019 by the I Additional Civil Judge and JMFC, Nanjangud (for short ‘the trial Court’). 2. Heard Sri.Sunil S. Rao, learned counsel appearing for Sri.T.Seshagiri Rao, learned counsel for the petitioner, Sri.P.Mahesh, learned counsel for respondent Nos.2 and 3 and meticulously perused the material available on record. 3. The grievance of the petitioner is that Smt.Jalajakshi, respondent No.1 herein had initiated final decree proceedings in FDP.No.15/2019 pursuant to the preliminary decree passed in OS.No.248/2012. In the said FDP proceedings, respondent No.1 herein filed a memo stating that she was not inclined to continue with the FDP proceedings in view of the pendency of regular appeal in RA.No.33/2018 filed by the petitioner herein and others. It - 4 - HC-KAR CNR: KAHC010387012022 NC: 2026:KHC:39865 WP No. 16985 of 2022 is to be noticed that respondent Nos.2 and 3 filed an application under Order I Rule 10(2) of the Code of Civil Procedure, 1908 (for short ‘CPC’) seeking their transposition as petitioners in the said final decree proceedings. The said application came to be allowed, admittedly, without issuing notice to the petitioner herein, who was respondent No.1 in the FDP proceedings. 4. A perusal of the Order I Rule 10(6) of the CPC makes it very clear that an application seeking transposition is required to be considered only after issuing notice to the affected parties. In the case on hand, the petitioner, who is respondent No.1 in the aforesaid FDP proceedings and the appellant in RA.No.33/2018 challenging the judgment and decree passed in OS.No.248/2012, is an affected party. Therefore, the impugned order calls for interference. Accordingly, the writ petition is allowed. - 5 - HC-KAR CNR: KAHC010387012022 NC: 2026:KHC:39865 WP No. 16985 of 2022 The impugned orders dated 24.03.2022 and 28.07.2022 passed in FPD.No.15/2019 by the I Additional Civil Judge and JMFC, Nanjangud are hereby set aside. The trial Court shall issue notice to all the parties in FDP.No.15/2019 and thereafter, consider the application for transposition afresh, in accordance with law. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 18