- 1 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25570 OF 2025 (GM-CPC) BETWEEN: 1. K L MEGHA D/O LATE B. LINGAIAH AGED ABOUT 26 YEARS, 2. K L MANU @ BOREGOWDA S/O LATE B. LINGAIAH AGED ABOUT 23 YEARS, BOTH ARE PERMANENT R/O SANABAGHATTA AMRUTHUR HOBLI, KUNIGAL TQ. NOW RESIDING AT NO. 268/2/3, 3RD MAIN, MYSORE ROAD, KASTURUBA NAGARA, BENGALURU. PINCODE - 560 050. … PETITIONERS (BY SRI. CHANDRASHEKAR P PATIL., ADVOCATE) AND: 1. SHANTAMMA W/O LATE JAYAKUMAR, AGED ABOUT 63 YEARS, 2. BOREGOWDA S/O LATE JAYAKUMAR, AGED MAJOR Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 3. LINGEGOWDA S/O LATE JAYAKUMAR, AGED MAJOR 4. DEEPAK S/O LATE JAYAKUMAR, AGED MAJOR 5. MANJULA D/O LATE JAYAKUMAR, AGED MAJOR RESPONDENTS 1 TO 5 ARE R/O. NO. 138, 3RD MAIN, 3RD CROSS, KASTURIBANAGARA, MYSORE ROAD, BENGALURU 6. B. LINGAIAH S/O LATE BOREGOWDA SINCE DECEASED BY HIS LR'S SHIVARAMAIAH S/O LATE B.LINGAIAH, MAJOR, R/O NO. 268/2, 3RD MAIN, 3RD CROSS, KASTURIBANAGARA, MYSORE ROAD, BENGALURU-560 026. 7. SRIKANTHA S/O GANGADHARA, MAJOR, R/O NO. 268, 3RD MAIN, 3RD CROSS, KASTURIBANAGARA, MYSORE ROAD, BENGALURU-560 026. 8. PADMA W/O LATE SRIDHARA, MAJOR, R/O KEELARA VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK DIST-TUMAKURU-572 101. - 3 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 9. SMT. CHIKKAMMA W/O SIDDALINGAIAH (D/O B. LINGAIAH) AGED ABOUT 68 YEARS, R/O NO. 268, 3RD MAIN, 3RD CROSS, KASTURIBANAGARA, MYSORE ROAD, BENGALURU-560 026. 10. SMT. SAROJA W/O RAJU, (D/O B. LINGAIAH) AGED ABOUT 63 YEARS, R/AT DOOR NO. 36, 2ND CROSS, 3RD MAIN, MUNESWARA BLOCK, SRINAGARA, BENGALURU-560 050. 11. SRI. T.S. GANGADHAR S/O SIDDAIAH, AGED ABOUT 64 YEARS, R/AT THALEKERE VILLAGE, THIPPASANDRA HOBLI, MAGADI TALUKA-562 120, DISTRICT RAMANAGARA 12. D.CHIKKATHIMMAIAH S/O LATE DASEGOWDA, AGED ABOUT 60 YEARS, R/AT SIDDANAHALLI VILLAGE, BEVOOR, MANDYA POST, MALUR HOBLI, CHANNAPATNA TALUK-562 160, DIST: RAMANAGARA 13. M. MALLESHA BABU, S/O MALLESHAIAH, AGED ABOUT 21 YEARS, R/AT HOSAPETE, - 4 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 BEHIND K.E.B. OFFICE, HOUSE NO. 133, ANEKAL TOWN, TQ. ANEKAL-562 106, BENGALURU RURAL DISTRICT. 14. BASAVARAJU, S/O 2ND SON OF LINGAIAH, AGED ABOUT 55 YEARS, R/AT BYRASANDRA, SIR SIVI RAMANAGARA POST, 8TH CROSS, HOUSE NO. 44, TEJUS NILAYA, BENGALURU-560 093. … RESPONDENTS (SERVICE OF NOTICE TO R1 TO R5 ARE HELD SUFFICIENT; V/O DATED 14.01.2026, NOTICE TO R6 TO R14 ARE DISPENSED WITH) *** THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR TRIAL COURT RECORDS AND ISSUE A WRIT OF CERTIARARI QUASHING THE ORDER DATED 24.03.2015 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC KUNIGAL REJECTING IA NO. 15 IN OS NO. 165/2007, PRODUCED AS ANNEXRUE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 5 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 ORAL ORDER The present petition is filed by the impleading applicants calling in question the correctness of the order passed on I.A.No.15 in O.S.No.165/2007 produced at Annexure-A. 2. The parties are referred to as per their ranking before the trial court. 3. The impleading applicants are stated to be the children of B.Lingaiah and Venkatalakshmamma and have filed the present impleading application. 4. The suit in O.S.No.165/2007 has been filed by the children born from the wedlock of B.Lingaiah and Ningamma. Ningamma is stated to be the first wife of B.Lingaiah. The share is sought as regards the property more fully described in the schedule. The genealogical tree is found at para 2 of the plaint. It is contended that the properties are joint family and ancestral properties of - 6 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 the plaintiffs and defendants and that the properties are acquired out of the joint family income. 5. During the course of proceedings before the trial court, an impleading application has been filed. The application is supported by affidavit of Venkatalakshmamma and in fact, the application itself is filed by Venkatalakshmamma in the capacity of guardian as it is stated by the counsel that applicants were minors as on the date of filing of the application. Smt.Venkatalakshmamma in the affidavit filed in support of the application specifically asserted that she is the third wife of the Lingaiah and Lingaiah had married her after the death of Ningamma and Nanjamma, the first and second wife. 6. It is further asserted that applicants are son and daughter born from the wedlock Lingaiah and Ningamma. It is specifically asserted that they are legally entitled for share in the suit schedule property and the suit - 7 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 filed without revealing the true facts and by suppression has the effect of defeating the interest of the petitioners. Accordingly in light of relationship, they are necessary parties for adjudication of lis. It is also asserted that the suit suffers from non- joinder of necessary parties. 7. Objections are filed to the said application by the plaintiffs. It is asserted that Venkatalakshmamma is not the wife of B.Lingaiah as asserted; that B.Lingaiah has not married after the death of his two wives as asserted; that the facts regarding marriage are not borne on record and that the children born from within the wedlock of B. Lingaiah and Venkatalakshmamma would have to carve out their share from the allotment made to defendant no.1. 8. The trial court has rejected the application observing that the relationship of minor children with - 8 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 defendant no.1 has been denied and that the illegitimate children are entitled for share in the property of their father, and that no material is produced supporting the averments in the application. 9. The notice issued from this court to plaintiffs no.1 to 5 have returned with postal shara 'refused'. Accordingly, service is held sufficient. 10. Taking note that the suit is of the year 2007, the matter itself is taken up for consideration. As the application is an impleading application and ought to be decided either way and the proceedings of a suit of 2007 ought not to be kept in abeyance only on the reason of order passed on impleading application, which is challenged before this court, the petition requires to be disposed of. 11. Notice to the defendants have been dispensed with at the risk of the impleading applicants who are petitioners in the present petition. - 9 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 12. It would be necessary to observe that objections to the impleading application essentially by the plaintiffs would suffice by deciding such application. Accordingly, notice to other defendants may not be necessary. 13. Learned counsel for plaintiffs submit that the suit for partition relates to share to be allotted to defendant no.1 apart from the other parties. 14. It is further submitted that in order to avoid any multiplicity of suits, it may be necessary that impleading applicants who are born from within the wedlock of Lingaiah and Venkatalakshmamma, the third wife, also be made parties. 15. It is further submitted that the impleading applicants also need to be given an opportunity to take their stand on the genealogical tree that is produced. - 10 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 16. Learned counsel for impleading applicants has also placed reliance on the registered Will executed by B.Lingaiah. There is an averment in the said Will regarding marriage with Venkatalakshmamma and the said document is a registered document. 17. At this stage, it would not be appropriate to record any conclusive finding as regards relationship suffice it to say that there is prima-facie material to state that Venkatalakshmamma had married B.Lingaiah. In light of facts as are made out, it would not be permissible for the trial court to have described the applicants as illegitimate children. Therefore, this court is of the view that application ought to be allowed and the impleading applicants be permitted to come on record as additional defendants to make out their case on merits. In order to avoid multiplicity of suits, it would be in the interest of justice to allow the impleading application filed - 11 - HC-KAR CNR: KAHC010553222025 NC: 2026:KHC:46496 WP No. 25570 of 2025 by the impleading applicants who are petitioners in the present petition. 18. Accordingly, the order of the learned trial judge is set aside. I.A.No.15 is allowed. Necessary amendment to be carried out to the pleadings before the Trial Court. Accordingly, the petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE NP