- 1 - HC-KAR CNR: KAHC010649282026 NC: 2026:KHC:53943 WP No. 29710 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29710 OF 2026 (GM-CPC) BETWEEN: 1. SMT. GANGAMMA WIFE OF LATE CHALUVAIAH, DAUGHTER LATE GANGAIAH @ PAPAIAH, AGED ABOUT 71 YEARS, RESIDING AT HULIVANA VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT 572 111 BENEFIT OF SENIOR CITIZEN NOT CLAIMED. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. SRI. MAHESH G, SON OF LATE H. GANGADHARAIAH, AGED ABOUT 41 YEARS, RESIDING AT HULIVANA VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT, PIN CODE 572111. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010649282026 NC: 2026:KHC:53943 WP No. 29710 of 2026 IMPUGNED ORDER DATED 27.07.2026 ON IA FILED UNDER ORDER 1 RULE 10 READ WITH SECTION 151 OF CPC PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC KUNIGAL IN OS NO. 386/2021 AS PER ANNX-F AND ORDER TO DISMISS THE IA FILED BY THE R2 UNDER ORDER 1 RULE 10 READ WITH SECTION 151 OF CPC AS PER ANNX-D AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER This petition is filed impugning the order dated 27.07.2026 passed in O.S.No.386/2021 by the Additional Civil Judge and JMFC, Kunigal, on an application filed under Order I Rule 10 of the Code of Civil Procedure, 1908, permitting the impleadment of the applicant in a suit for partition and separate possession. 2. The application for impleadment was filed on the basis of a registered Will executed in favour of the proposed defendant. In view of the claim of rights over the suit schedule properties under the said Will, the proposed defendant has been held to be a necessary party. The Trial Court has further recorded that - 3 - HC-KAR CNR: KAHC010649282026 NC: 2026:KHC:53943 WP No. 29710 of 2026 the burden of proving the due execution of the Will rests upon the proposed defendant and that the registered Will carries a presumptive value unless the same is disproved. 3. In view of the registered Will and the rights claimed thereunder, the impleaded respondent is a necessary party to the suit. 4. In the light of the above, the Trial Court was justified in allowing the application for impleadment. No ground is made out for interference with the impugned order. Accordingly, the writ petition stands dismissed. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 37