- 1 - HC-KAR CNR: KAHC010483212026 NC: 2026:KHC:52781 WP No. 21837 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. 21837 OF 2026 (GM-CPC) BETWEEN: 1. SRI.SHREEKAANTH DAAS S/O LATE, SRI, ASHWATHNARAYAN RAO, AGED ABOUT 50 YEARS, PROPRIETOR OF - M/S SAHA DEVELOPERS AND PROMOTERS, OFFICE AT NO.1112, 1ST FLOOR, G AND H BLOCK, GAGANACHUMBI DOUBLE ROAD, KUVEMPUNAGAR, MYSURU-570023. …PETITIONER (BY SRI LINGARAJU K.R., ADVOCATE) AND: 1. SMT.KEMPAMMA D/O LATE, BELIGIGOWDA @ KULLAIAH, AGED ABOUT 74 YEARS. 2. SRI, SWAMY, S/O LATE, BELIGIGOWDA @ KULLAIAH, AGED ABOUT 46 YEARS 3. SMT, RAJAMMA, D/O LATE, BELIGIGOWDA @ KULLAIAH, AGED ABOUT 44 YEARS Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010483212026 NC: 2026:KHC:52781 WP No. 21837 of 2026 4. SMT, MAHADEVI, D/O LATE, BELIGIGOWDA @ KULLAIAH, AGED ABOUT 42YEARS 5. RANI, D/O LATE, BELIGIGOWDA @ KULLAIAH, AGED ABOUT 36 YEARS 6. RAJANNA, S/O LATE, BELIGIGOWDA @ KULLAIAH, AGED ABOUT 38 YEARS 7. RAVI, S/O LATE, BELIGIGOWDA @ KULLAIAH, AGED ABOUT 36 YEARS RESPONDENTS No.1 TO 7 ARE R/O SAJJEHUNDI GRAMA, JALAPURA POST, VARUNA HOBLI, MYSURU TALUK AND DISTRICT - 571311. 8. SMT, KEMPAMMA, W/O CHIKKEGOWDA, D/O LATE, KALASAIAH, AGED ABOUT 84 YEARS, R/O, LAKSHMIKANTHA NAGARA, HEBBAL MYSURU -570016 9. SMT, NANJAMMA, D/O LATE, KALASAIAH, AGED ABOUT 72 YEARS, R/O, DUDDUGERE, VARUNA HOBLI, MYSURU -570010 10. SRI, SOMASHERAR, S/O LATE, CHIKKEGOWDA AND LATE, KULLAMMA @ KEMPAMMA, AGED ABOUT 52 YEARS, R/O, KIRISAVE, CHANNARAYAPATTNA TALUK, HASSAN DISTRICT -573124 - 3 - HC-KAR CNR: KAHC010483212026 NC: 2026:KHC:52781 WP No. 21837 of 2026 11. SMT, LAKSHMI D/O LATE, CHIKKEGOWDA AND LATE, KULLAMMA @ KEMPAMMA, AGED ABOUT 51 YEARS, R/O, BIDIRAKERE, NAGAMANGALA TALUK, MANDYA DISTRICT -571802 12. SMT, JAYALAKSHMI. C, D/O LATE, THAYAMMA @ CHIKKATHAYAMMA, AGED ABOUT 56 YEARS, R/O, NO. 470, EWS(YGHS) HEBBAL 1ST STAGE, LAKSHMIKANTHA NAGARA, MYSURU -570016 13. SRI, KUMARASWAMY. S S/O LATE, SURESH, AGED ABOUT 29 YEARS 14. SMT, SAVITHRAMMA, S/O LATE, SURESH, AGED ABOUT 44 YEARS RESPONDENTS No.13 TO 14 ARE R/O NO 350, EWS(YGHS), HEBBAL 1ST STAGE, LAKSHMIKANTHA NAGARA, MYSURU -570016 15. SRI, SHIVARAJU, S/O LATE, CHIKKAIAH, AGED ABOUT 56 YEARS, R/O, NO 325, EWS(YGHS) HEBBAL 1ST STAGE, LAKSHMIKANTHA NAGARA, MYSURU -570016 …RESPONDENTS (BY SRI RUDRAPPA P., ADVOCATE FOR R1 TO R7; SRI K. VENKATESHA, ADVOCATE FOR R10; - 4 - HC-KAR CNR: KAHC010483212026 NC: 2026:KHC:52781 WP No. 21837 of 2026 SRI VENKATESH KUMAR S., AND SMT. ROJA D., ADVOCATE FOR R12, R13 AND R14; VIDE ORDER DATED 29.07.2026 NOTICE TO R8, R9 AND R11 IS HELD SUFFICIENT. VIDE ORDER DATED 22.09.2026 NOTICE TO R15 IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE COURT OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM., AT MYSURU, IN FDP No.103/2018 DATED 17.06.2026 ON IA No.4 FILED UNDER ORDER 1 RULE 10(2) VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER 1. This petition is filed impugning the order dated 17.06.2026 passed in F.D.P. No.103/2018, whereby I.A. No.4 filed under Order I Rule 10(2) of the CPC, seeking impleadment of the petitioner, has been rejected. 2. Learned counsel for the petitioner submits that the petitioner has purchased Item No.2 of the schedule property from respondent Nos.1 to 7 and that, under the decree passed in O.S. No.1079/2012, shares have been allotted to the vendors of the petitioner. It is submitted that, even if the sale - 5 - HC-KAR CNR: KAHC010483212026 NC: 2026:KHC:52781 WP No. 21837 of 2026 deed was registered during the pendency of the suit, the petitioner would be entitled to claim rights to the extent of the share allotted to the vendors. In that view of the matter, it is submitted that the petitioner is a proper and necessary party to F.D.P. No.103/2018. 3. Per contra, learned counsel appearing for the respondents submits that the Trial Court was justified in rejecting the application. 4. Considered the submissions made by the learned counsel for the parties and perused the impugned order. 5. It is evident from the impugned order that the petitioner purchased Item No.2 of the schedule property under a registered sale deed dated 23.01.2019, whereas the suit in O.S. No.1079/2012 was instituted in the year 2012 and the decree was passed on 16.08.2018. It is a settled position of law that a subsequent purchaser, being a third party, may not be a necessary party to a suit for partition. However, any rights acquired by virtue of a transfer in favour of a third party during the pendency of the partition suit can be worked out in the final - 6 - HC-KAR CNR: KAHC010483212026 NC: 2026:KHC:52781 WP No. 21837 of 2026 decree proceedings against the share allotted to the vendor therein. 6. The Trial Court was not justified in rejecting the application. The petitioner is a proper and necessary party to F.D.P. No.103/2018. Accordingly, the following: ORDER i) Writ petition is allowed. ii) Order dated 17.06.2026 passed in F.D.P.No.103/2018 is set aside. iii) Consequently, I.A.No.4 filed under Order I Rule 10(2) of CPC for impleadment of the petitioner is allowed. Sd/- (K. V. ARAVIND) JUDGE VP List No.: 1 Sl No.: 139