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High Court of Karnataka · body

2026 DAILYLAW 42833 (KAR)

SHRI MANJUNATH G A v. SIDDARAJU

WP/30166/2026 · 2026-09-22

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010660372026 NC: 2026:KHC:52448 WP No. 30166 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30166 OF 2026 (GM-CPC) BETWEEN: 1. SHRI MANJUNATH G. A., S/O LATE ANKAPPA G. C., AGED ABOUT 63 YEARS, RESIDING AT NO.27, GABBADI, KAGGALA HALLI, KANAKAPURA, RAMANAGAR, KARNATAKA 562 112. …PETITIONER (BY SRI. ROHIT V. R., ADVOCATE) AND: 1. SIDDARAJU, S/O LATE VANTISIDDAIAH, AGED MAJOR, 2. SRI. SHIVALINGAIAH, S/O LATE SIDDAIAH @ BADAIAH, AGED MAJOR, RESPONDNET Nos.1 AND 2 ARE RESIDING AT URUGAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK- 562 109. 3. SMT. SIDDAMMA, D/O LATE MOGAIAH, AGED MAJOR, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010660372026 NC: 2026:KHC:52448 WP No. 30166 of 2026 4. SRI. CHIKKASIDDAIAH, S/O LATE MOGAIAH, AGED MAJOR, RESPONDENT Nos.3 AND 4 ARE RESIDING AT BEVINAMARADODDI, KASABA HOBLI, RAMANAGARA TALUK-562 159. 5. SMT. JAYAMMA, W/O LATE OOPPALAH, AGED MAJOR, 6. SRI. GANGADHAR, S/O LATE OOPPALAH, AGED MAJOR, 7. SMT. SAKAMMA @ SHOBHA, W/O LATE GAVIYAPPA, AGED MAJOR, 8. PALLAVI, D/O LATE GAVIYAPPA, AGED MAJOR, 9. SRI SUDEEPA S/O LATE GAVIYAPPA, AGED MAJOR, 10. SRI. SHIVALINGAIAH, S/O LATE OOPPAIAH, AGED MAJOR, 11. SRI. SIDDARAJU, S/O LATE OOPPAIAH, AGED MAJOR, RESPONDENT No.3 TO 11 ARE RESIDING AT URUGAHALLI VILLAGE, - 3 - HC-KAR CNR: KAHC010660372026 NC: 2026:KHC:52448 WP No. 30166 of 2026 BIDADI HOBLI, RAMANAGARA TALUK- 562 109. 12. SMT. BORAMMA, W/O LATE VANTISIDDAIAH, AGED MAJOR, 13. SMT. SIDDAMMA, D/O LATE VANTISIDDALAH, AGED MAJOR, 14. SRI. SIDDALINGAIAH, S/O LATE VANTASIDDAIAH, AGED MAJOR, 15. SRI. GANGAIAH, S/O LATE VANTISIDDAIAH, AGED MAJOR, 16. SMT. JAYAMMA, D/O LATE VANTISIDDALAH, AGED MAJOR, 17. SMT. SIDDAMMA, D/O LATE SIDDAIAH @ BADAIAH, AGED MAJOR, 18. SMT. SHANTHAMMA, D/O LATE SIDDAIAH @ BADAIAH, AGED MAJOR, 19. SMT. LAKSHMAMMA, D/O LATE SIDDAIAH @ BADAIAH, AGED MAJOR, 20. SRI. GANGADHAR, S/O LATE SIDDAIAH @ BADAIAH, AGED MAJOR, - 4 - HC-KAR CNR: KAHC010660372026 NC: 2026:KHC:52448 WP No. 30166 of 2026 RESPONDENT Nos.12 TO 20 ARE RESIDING AT URUGAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK - 562 109 21. SMT. SHASHIKALA, D/O LATE PADMAMMA AND CHIKKAHUDUGAIAH, AGED MAJOR, 22. SMT. KAVITHA, D/O LATE PADMAMMA AND CHIKKAHUDUGAIAH, AGED MAJOR, 23. SRI. RAJU, S/O LATE PADMAMMA AND CHIKKAHUDUGAIAH, AGED MAJOR, RESPONDENT Nos. 21 TO 23 ARE RESIDING AT URUGAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK - 562 109 24. SRI. D. KRISHNAPPA, S/O LATE DASAPPA, AGED MAJOR, URUGAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK. 562 109. 25. SMT. ASHWINI. S, W/O DINESH, S/O SIDDEGOWDA, AGED MAJOR, RESIDING AT HOUSE NO.215, B.E.M.L. 5TH STAGE, V.V.H.C.S. LAYOUT, 2ND CROSS, RAJARAJESHWARI NAGAR, BENGALURU-560 008 - 5 - HC-KAR CNR: KAHC010660372026 NC: 2026:KHC:52448 WP No. 30166 of 2026 26. DR. SUNITHA SANJAY KUMAR, W/O DR. SANJAY KUMAR, AGED MAJOR, 27. DR. SANJAY KUMAR, S/O RAGHUNATH RAO, AGED MAJOR, 28. SMT. SANJANA SANJAY KUMAR, D/O DR. SANJAY KUMAR, AGED MAJOR, 29. SRI. SUJAY SANJAY KASHYAP, S/O DR. SANJAY KUMAR, AGED MAJOR, RESIDING AT NO.59, EAGLETON GOLF FLAT, SHYANUMANGALA CROSS, BIDADI HOBLI, RAMANAGARA DISTRICT AND TALUK -562 109 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 03.07.2025 PASSED ON IA NO.19 BY THE PRL. SENIOR CIVIL JUDGE AND CJM, AT RAMANAGARA IN OS NO. 213/2014, PRODUCED AT ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 6 - HC-KAR CNR: KAHC010660372026 NC: 2026:KHC:52448 WP No. 30166 of 2026 ORAL ORDER This petition is filed challenging the order dated 03.07.2025 passed in O.S.No.213/2014 on I.A.No.19, filed under Order I Rule 10(2) of the Code of Civil Procedure, 1908, whereby the application for impleadment came to be rejected. 2. Learned counsel for the petitioner submits that the petitioner is the agreement holder under an agreement dated 06.08.2008 in respect of the suit schedule property. It is contended that the petitioner is a proper and necessary party to the proceedings. 3. Considered the submissions made by the learned counsel for the petitioner. 4. The suit in question is one for partition and separate possession. The petitioner claims rights under a registered agreement of sale dated 06.08.2008. The Trial Court has held that, being an agreement holder, the petitioner is neither a proper party nor is he a necessary party for the effective - 7 - HC-KAR CNR: KAHC010660372026 NC: 2026:KHC:52448 WP No. 30166 of 2026 adjudication of the rights and entitlements of the parties to the suit. 5. It is a settled position of law that a subsequent purchaser or a third party claiming rights in any of the properties which are the subject matter of a partition suit is not a necessary party to the proceedings. However, it is open to such person to work out his remedy after the passing of the preliminary decree. 6. In the present case, the petitioner claims to be an agreement holder in respect of the suit schedule property. In the circumstances, the Trial Court was justified in rejecting the application for impleadment. 7. This Court finds no error or infirmity in the impugned order warranting interference in the present petition. Accordingly, the writ petition is dismissed. Sd/- (K. V. ARAVIND) JUDGE VP