- 1 - HC-KAR NC: 2026:KHC:2527 WP No. 3823 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3823 OF 2025 (GM-CPC) BETWEEN: 1. SMT.J K SREE LATHA W/O LATE KUSHALAPPA AGED ABOUT 55 YEARS, R/O JAVALLI VILLAGE, SHIVAMOGGA TALUK, SHIMOGA DISTRICT - 577 428. 2. KUM. LAVANYA D/O LATE KUSHALAPPA AGED ABOUT 25 YEARS, R/O BALAJI NILAYA, VITH CROSS, KANSHIRAMA NAGAR, YELAHANKA, BENGALURU 560 097. …PETITIONERS (BY SRI. BALAGANGADHAR G S., ADVOCATE) AND: 1. SRI. VINAYAKA EDUCATION SOCIETY 6TH CROSS, RAVINDRANAGARA, SHIVAMOGGA 577 428. REPRESENTED BY ITS SECRETARY. 2. THE HEAD MASTER SRI VINAYAKA HIGHER PRIMARY EDUCATION SCHOOL, WARD NO.3, RAVINDRANAGARA, GANGAPATHI TEMPLE ROAD, SHIVAMOGGA-577 428. 3. SMT SHARMILA J KUMAR W/O C.P.JAIKUMAR, AGED ABOUT 54 YEARS, HOUSEHOLD, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2527 WP No. 3823 of 2025 R/O MARUTHI NILAYA, 2ND CROSS, BASAVESHWARANAGARA, SHIVAMOGGA-577 428. …RESPONDENTS (R1,R2 AND R3 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM SHIVAMOGGA, IN RA NO.26/2024 DATED 17/12/2024 , DISMISSING THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 1 RULE 10 READ WITH SECTION 151 CPC PRODUCED AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the impleading applicants in R.A.No.26/2024 on the file of the I Additional Senior Civil Judge and CJM, Shivamogga is directed against the impugned order dated 17.12.2024, whereby the application I.A.No.2 filed by the petitioner/ impleading applicants to come on record as additional respondent/ legal representatives of respondent No.2 was rejected by the Trial Court. A perusal of the material on record will indicate that the third respondent/ plaintiff instituted a suit in O.S.No.661/2014 against one late M.K.Gangamma and defendants 2 and 3 for possession of the suit schedule immovable property and for other reliefs. During - 3 - HC-KAR NC: 2026:KHC:2527 WP No. 3823 of 2025 the pendency of the suit, the aforesaid M.K.Gangamma having expired, her legal representatives were not brought on record. Accordingly, the suit as against M.K.Gangamma was dismissed and she was deleted from the array of parties vide order on memo dated 15.11.2021. Thereafter, the Trial Court proceeded to pass a judgment and decree dated 01.02.2024 decreeing the suit in favour of respondent No.3/ plaintiff against the respondent Nos.1 and 2/ defendants 2 and 3. Aggrieved by the said judgment and decree passed by the Trial Court, respondent Nos.1 and 2/ defendants 2 and 3 filed an appeal in R.A.No.26/2024 in which they made the third respondent/ plaintiff as respondent No.1 as well as impleaded Smt.M.K.Gangamma as respondent No.2 to the appeal as can be seen from the cause title to the memorandum of appeal in R.A.26/2024. During the pendency of the appeal, the petitioner filed the instant application seeking impleadment on the ground that she was the daughter-in-law and legal representative of the deceased M.K.Gangamma and was entitled to come on record in the place of M.K.Gangamma who was arrayed as respondent No.2 to the appeal. The said application having been opposed by the respondent No.3, the First Appellate Court proceeded to pass the impugned order rejecting the application. Aggrieved by the - 4 - HC-KAR NC: 2026:KHC:2527 WP No. 3823 of 2025 impugned order passed by the First Appellate Court, the petitioner is before this Court byway of the present petition. 2. Heard learned counsel for the petitioner and perused the material on record. 3. A perusal of the impugned order would indicate that the First Appellate Court has rejected the application by adverting to the merits/ demerits of the rival contentions which is impermissible in law while considering an application for impleadment, to come on record as the legal representative of the deceased M.K.Gangamma. Further, the First Appellate Court has adopted a hyper technical approach in coming to the conclusion that an application for condonation of delays, setting aside abatement had not been filed by the petitioner without appreciating that the said applications would be necessary only if the LR application had been filed in the suit immediately upon the demise of M.K.Gangamma and the instant application seeking impleadment as legal representatives can be allowed as held by the Apex Court in the case of Pankajbahi Rameshbahi Zalavadiya V/s. Jethabahi Kalabhai Zalavadiya reported in (2017) 9 SCC 700. Under these circumstances, I am of the - 5 - HC-KAR NC: 2026:KHC:2527 WP No. 3823 of 2025 considered opinion that the First Appellate Court erred in rejecting the application filed by the petitioner and the same deserves to be allowed by setting aside the impugned order by leaving open all rival contentions on merits. ORDER i. Petition is hereby allowed. ii. Impugned order dated 17.12.2024 in R.A.No.26/2024 on the file of the I Additional Senior Civil Judge and CJM, Shivamogga is hereby set aside. iii. I.A.No.2 filed by the petitioner/ applicant is allowed and the petitioner/ applicant is permitted to come on record as an additional respondent No.3/ legal representatives of respondent No.2/ M.K.Gangamma and contest the appeal on merits. iv. All rival contentions on all aspects of the matter in the appeal are kept open and no opinion is expressed on the merits/ demerits of the rival contentions. v. It is further made clear that merely allowing petitioner to come on record as the legal representatives of Smt.M.K.Gangamma or as an additional respondent - 6 - HC-KAR NC: 2026:KHC:2527 WP No. 3823 of 2025 No.3 to the appeal in R.A.No.26/2024 shall not be construed or treated as upholding the claim of the petitioner in the appeal, which shall be decided on merits and in accordance with law. SD/- (S.R.KRISHNA KUMAR) JUDGE MRP List No.: 1 Sl No.: 9