Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 43575 (KAR)

SMT. SHANTHAMMA v. SRI NAGENDRA @ SUMAN

WP/26773/2026 · 2026-09-24

K V Aravind

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010588822026 NC: 2026:KHC:53163 WP No. 26773 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26773 OF 2026 (GM-CPC) BETWEEN: 1. SMT. SHANTHAMMA W/O. LATE SIDDAMALLAPPA, AGED ABOUT 74 YEARS, R/A KATNAVADI VILLAGE, HARAVE HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT PETITIONER (BY SRI ANANTHARAM G. R., ADVOCATE) AND: 1. SRI NAGENDRA @ SUMAN S/O SRI MAHESHA MADESHAPPA AGED ABOUT 24 YEARS, R/A KATNAVADI VILLAGE, HARAVE HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT 571128. 2. SRI MAHESHA @ MADESHAPPA, S/O. LATE SIDDAMALLAPPA, AGED ABOUT 56 YEARS, R/A KATNAVADI VILLAGE, HARAVE HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT. 571128 …RESPONDENTS (BY SRI P. MAHESHA, ADVOCATE FOR R1) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010588822026 NC: 2026:KHC:53163 WP No. 26773 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 22 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.02.2026 OF THE LEARNED ADDL. CIVIL JUDGE AND JMFC CHAMARAJANAGAR VIDE ANNX-G DISMISSING IA NO. 1/2025 FILED BY THE PETITIONER HEREIN IN FDP NO. 33/2025 UNDER OR. 1 RULE 10(2) OF CPC SEEKING IMPLEADMENT OF THE SUBSEQUENT PURCHASER AS AN ADDITIONAL RESPONDENT THEREIN BY ISSUANCE OF AN APPROPRIATE WRIT IN THE NATURE OF CERTIORARY OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard the learned counsel for the parties. 2. This petition is filed impugning the order dated 26.02.2026, whereby the application filed under Order I Rule 10(2) of the Code of Civil Procedure, 1908, seeking to implead the purchaser of the property in question, who purchased the same during the pendency of the final decree proceedings, has been rejected. 3. It is a settled position of law that a purchaser of the property would be a proper party, as the purchaser would be entitled to seek protection of his rights to the extent of the - 3 - HC-KAR CNR: KAHC010588822026 NC: 2026:KHC:53163 WP No. 26773 of 2026 share allotted in favour of the vendor in the final decree proceedings. In that view of the matter, the order passed by the Trial Court cannot be sustained. 4. Accordingly, the following: ORDER I. The order dated 26.02.2026 passed in FDP No.33/2025 is hereby set aside. II. The application filed under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, is hereby allowed. III. The Trial Court shall endeavour to dispose of the final decree proceedings expeditiously. IV. Accordingly, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE VP List No.: 1 Sl No.: 137