- 1 - HC-KAR CNR: KAHC010077592026 NC: 2026:KHC:48281 WP No. 3994 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 3994 OF 2026 (GM-CPC) BETWEEN: 1. SRI R C NAGARAJU, S/O.CHANDRAPPA AGED ABOUT 59 YEARS R/O RAMACHANDRAPURA VILLAGE-572 201 KASABA HOBLI, TIPTUR TALUK. …PETITIONER (BY SRI HARISH N.R., ADVOCATE) AND: 1. KUM S M MAHESHWARI, D/O.LATE MUNISWAMAIAH, R/O.C.N.ROAD, TIPTUR TOWN-572 201 AGED ABOUT 54 YEARS, TIPTUR TALUK. 2. SMT. S. M. LAKSHMIDEVAMMA, D/O.LATE MUNISWAMAIAH, AGED ABOUT 63 YEARS, R/O.C.N.ROAD, TIPTUR TOWN-572 201 TIPTUR TALUK. …RESPONDENTS (BY SRI RAJANIKANTH L. S., ADVOCATE FOR R1; SRI SANTOSH M HAGALAMBI, ADVOCATE FOR R2) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010077592026 NC: 2026:KHC:48281 WP No. 3994 of 2026 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C, TIPTUR ON IA NO.I IN FDP.NO.28/2023 DTD 15.12.2025 PRODUCED AS ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER This writ petition has been filed impugning the order dated 15.12.2025 passed in FDP No.28/2023, whereby the application filed by the petitioner under Order I Rule 10(2) of the CPC has been rejected. 2. Learned counsel appearing for the petitioner submits that the petitioner purchased one of the suit schedule properties during the pendency of the partition suit, and that the decree came to be passed rejecting the petitioner’s claim and allotting a share which included the property purchased by the petitioner. It is submitted that a first appeal impugning the said decree has been filed. It is further submitted that, as the petitioner is in possession of the property, the petitioner is a necessary and proper party to the FDP proceedings. - 3 - HC-KAR CNR: KAHC010077592026 NC: 2026:KHC:48281 WP No. 3994 of 2026 3. Per contra, learned counsel appearing for the respondents submits that the trial Court, having taken note of the fact that the purchase was made during the pendency of the suit, when a temporary injunction was in operation, and that no right was conferred upon the petitioner under the decree, has rightly rejected the application for impleadment. 4. Considered the submissions made by the learned counsel appearing for the parties. 5. The principal ground urged for seeking impleadment is the pendency of R.A. No.55/2023, which has been filed against the judgment and decree passed in O.S. No.224/2011. It appears that, though R.A. No.55/2023 has been pending since 2023, no interim order has been passed by the First Appellate Court. If the petitioner has any grievance against the judgment and decree passed in O.S. No.224/2011, it is for the petitioner to seek appropriate interim protection in the pending first appeal proceedings. - 4 - HC-KAR CNR: KAHC010077592026 NC: 2026:KHC:48281 WP No. 3994 of 2026 6. As rightly observed by the trial Court, the petitioner is neither a necessary nor a proper party to the FDP proceedings. 7. The petition, being devoid of merits, is accordingly rejected. Sd/- (K. V. ARAVIND) JUDGE VP List No.: 1 Sl No.: 25