- 1 - HC-KAR CNR: KAHC010612892026 NC: 2026:KHC:51985 WP No. 28231 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28231 OF 2026 (GM-CPC) BETWEEN: 1. SRI. CHIKKGOWDA S/O SURAPPA AGED ABOUT 50 YEARS R/O. BUGUDANAHALLI TUMAKURU TALUK TUMAKURU DISTRICT-572 107 …PETITIONER (BY SRI SOMASHEKARA K. M., ADVOCATE) AND: 1. B. K. LOKESHA S/O B.S. KEMPANANJAPPA AGED ABOUT 27 YEARS R/O. BUGUDANAHALLI BELLAVI HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572 107 2. SMT. ANNAPURANA W/O LINGEGODA D/O LATE B.S. KEMPANANJAPPA MAJOR R/AT NALLUR VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572 216 Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010612892026 NC: 2026:KHC:51985 WP No. 28231 of 2026 3. GURUPRASAD S/O SURAPPA AGED ABOUT 45 YEARS 4. NARASEGOWDA S/O SURAPPA AGED ABOUT 42 YEARS 5. BORAMMA W/O SURAPPA AGED ABOUT 72 YEARS 6. SIDDAMMA W/O LATE JAYADEVAPPA AGED ABOUT 55 YEARS 7. MUNIRAJ S/O LATE JAYADEVAPPA AGED ABOUT 40 YEARS 8. ANANDA S/O LATE JAYADEVAPPA AGED ABOUT 38 YEARS RESPONDENTS No.3 TO 8 ARE R/O BUGUDANAHALLI VILLAGE BELLAVI HOBLI TUMAKURU TALUK AND DISTRICT-572 107 9. MANJAMMA W/O KUMAR AGED ABOUT 40 YEARS R/AT YELIYUR VILLAGE SIRA TALUK, TUMAKURU DISTRICT-572 137 10. SAROJAMMA W/O BASAVARAJU AGED ABOUT 42 YEARS - 3 - HC-KAR CNR: KAHC010612892026 NC: 2026:KHC:51985 WP No. 28231 of 2026 R/AT C/O GORAKERE KEMPANNA CHELUR VILLAGE, GUBBI TALUK NOW @ C/O SIDDAMMA BUDADANAHALLI BELLAVI HOBLI TAUMAKURU TALUK-572 107 11. KUMARI @ KANYAKUMARI W/O NANDISHA AGED ABOUT 36 YEARS VIJAYA UPAHARA SSIT MAIN ROAD MARALUR, TUMAKURU TOWN TUMAKURU-572 201 12. GANGAMMA W/O GADIYAPPA D/O SURAPPA AGED ABOUT 63 YEARS R/O KODIYALA VILLAGE CHELUR HOBLI, GUBBI TALUK TUMAKURU DISTRICT-572 216 13. BHAGYAMMA W/O NANJUNDASWAMY D/O SURAPPA AGED ABOUT 63 YEARS R/AT AADIHOSAHALLI MUDDLINGANAHILI POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562 132 14. MANGALA GOWRAMMA W/O BYARAPPA D/O SURAPPA, DEAD BY LRS BHYRAPPA S/O NOT KNOWN AGED ABOUT 65 YEARS R/AT SHANTHINAGARA TUMAKURU TOWN NOW R/AT OLD KAVERI SCHOOL - 4 - HC-KAR CNR: KAHC010612892026 NC: 2026:KHC:51985 WP No. 28231 of 2026 ROAD, ALASETTYKERE PALYA 2ND MIAN, 2ND CROSS JAGADEESH LAYOUT SHANTHINGARA, TUMAKURU-572 104 15. THANUJA D/O BHYRAPPA AGED ABOUT 30 YEARS R/AT LAKSHMIPURA CHIKKABANAVARA, BENGALURU NOW. R/AT ADALAGERE MUNI AGRAHARA LAKSHMIPURA CROSS HESARUGHATTA HOBLI BENGALURU NORTH-560 088 16. LATHA W/O GURURAJ AGED ABOUT 46 YEARS, GOWRIBIDANUR TALUK R/AT VADDANAALLI VILLAGE ARUDI POST, CHIKKABALLAPUR DISTRICT-561 208 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 04.07.2026 PASSED ON IA NO.8 IN FDP NO.24 OF 2019 BY THE 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC., TUMAKURU, AS PER ANNEXURE-E ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 5 - HC-KAR CNR: KAHC010612892026 NC: 2026:KHC:51985 WP No. 28231 of 2026 ORAL ORDER Heard Sri. Somashekara K.M., learned counsel for the petitioner. 2. The present petition is filed impugning the order dated 04.07.2026, wherein respondent No.2(b) in FDP No.24/2019 has been permitted to be transposed as petitioner No.2. 3. Learned counsel appearing for the petitioner submits that the FDP, without granting sufficient opportunity to oppose the application in I.A. No.8, has permitted the transposition of respondent No.2(b) as petitioner No.2. It is submitted that petitioner Nos.1 and 2 are acting in collusion, which would prejudice the rights of the other respondents. 4. Considered the submissions made by learned counsel appearing for the petitioner and perused the writ petition papers. 5. The affidavit accompanying the application states that respondent No.2(b) and petitioner No.1 are the children of Gowramma and B.S. Kempananjappa. It is further stated that - 6 - HC-KAR CNR: KAHC010612892026 NC: 2026:KHC:51985 WP No. 28231 of 2026 both petitioner No.1 and respondent No.2(b) are claiming rights through their mother, late Gowramma. It is also stated that there is no conflict of interest between petitioner No.1 and respondent No.2(b). 6. Though learned counsel appearing for the petitioner though vehemently contended that petitioner No.1 and respondent No.2(b) are acting in collusion to the prejudice of the rights of the other parties, the same has not been demonstrated. Petitioner No.1-B.K. Lokesh and respondent No.2(b) are brother and sister, claiming right and share in the suit schedule property through their mother-Smt.Gowramma and father-B.S.Kempananjappa. In such circumstances, this Court finds that no prejudice would be caused to the interest of the petitioner in transposing respondent No.2(b) as petitioner No.2 in FDP No.24/2019. The petition is devoid of merit and is accordingly rejected. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 35