- 1 - HC-KAR NC: 2026:KHC:6434 WP No. 6498 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.6498 OF 2025 (GM-CPC) BETWEEN: SMT. JAYAMMA, W/O GENDREBOREGOWDANACHANNEGOWDA, AGED ABOUT 76 YEARS, R/A SHIVALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT-573 116. …PETITIONER (BY SRI UMA SHANKAR M N, ADVOCATE) AND: 1. SMT. SUMAN, D/O LATE MAHADEVAMMA, AGED ABOUT 45 YEARS, R/AT NO. 1851, 6TH CROSS, SUBHASHNAGAR, MANDYA DISTRICT -577 401. 2. SRI H.S SHIVANANJAYYA, S/O SIDDAMALLAYYA, AGED ABOUT 77 YEARS. 3. SMT. GOWRAMMA, W/O. SIDDAMALLAYYA, AGED ABOUT 82 YEARS. 4. SMT. MAHADEVAMMA, W/O PUTTAMADAYYA, AGED ABOUT 59 YEARS. THE RESPONDENTS NO. 1 TO 3 ARE R/AT B. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK. MANDYA DISTRICT – 577 401. Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6434 WP No. 6498 of 2025 5. SMT. NANJAMMA, W/O SHIVANNA, AGED ABOUT 63 YEARS, R/AT ARAKANAKERE VILLAGE, MANDYA DISTRICT – 577 401. SRI NAGARAJAYYA, S/O CHANDRAYYA, R/AT B HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK, MANDYA DISTRICT. SINCE DEAD BY LR’S 6. SRI NANJUNDAPPA, S/O LATE NAGARAJAYYA, AGED ABOUT 63 YEARS, R/AT B. HONNENAHALLI VILLAGE, DUDDA HOBLI, MANDYA TALUK. MANDYA DISTRICT – 577 401. 7. V.H HONNAPPA, S/O LATE HUCHAPPA, AGED ABOUT 77 YEARS, SINCE DEAD BY LR'S SMT. SHIVAMMA, W/O V H HONNAPPA, AGED ABOUT 100 YEARS. 8. SRI LOKESH MURTHY, S/O LATE V H HONNAPPA, AGED ABOUT 74 YEARS. 9. SRI HONNAPPA, S/O LATE V H HONNAPPA, AGED ABOUT 71 YEARS. 10. SMT. RATNAMMA, W/O SHIVANNA, D/O LATE V H HONNAPPA, AGED ABOUT 86 YEARS. 11. SUVARNADEVI @ SUKANYA, W/O VIJAYNAGAR, D/O LATE V H HONNAPPA, AGED ABOUT 76 YEARS. - 3 - HC-KAR NC: 2026:KHC:6434 WP No. 6498 of 2025 THE RESPONDENTS NO. 7 TO 11 ARE R/AT VEERUPASHANDRA VILLAGE, KOOTAKALLU HOBLI, RAMNAGAR DISTRICT – 562 159. 12. SMT. MALLAMMA, W/O LATE V H HONNAPPA, AGED ABOUT 85 YEARS, R/AT KANNAHATTI VILLAGE, DUDDA HOBLI. 13. SMT. JAYAMMA, W/O HONNAPPA, AGED ABOUT 98 YEARS. 14. SRI RAJA, SO HUCHAPPA, AGED ABOUT 87 YEARS. THE RESPONDENTS NO.13 TO 14 ARE R/AT VEEROOPSANDRA VILLAGE, KOOTTKULLHOBLI RAMNAGARA DISTRICT -562 159 15. SMT. DEVAMMA, W/O. N MARIMADAYYA, AGED ABOUT 91 YEARS. 16. SMT. UMAMAHADEVAMMA, W/O SHIVAKUMARASWAMY, AGED ABOUT 58 YEARS. THE RESPONDENTS NO.10 TO 11 ARE R/AT HONNANAHALLI VILLAGE, MANDYA DISTRICT – 577 401. 17. SMT. KAMALAMMA, W/O. SHIVAKUMARASWAMY, AGED ABOUT 56 YEARS, SHETTYHALLI VILLAGE, MELUKOTEHOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT – 577 401. …RESPONDENTS (BY SRI SREENIVASAN M.Y., ADVOCATE FOR R-12; V/O DATED 06.03.2025 SERVICE OF NOTICE TO R2 TO R17 IS DISPENSED WITH) - 4 - HC-KAR NC: 2026:KHC:6434 WP No. 6498 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS OF THE PROCEEDINGS IN FDP NO.09/2004 IN THE COURT OF PRL. CIVIL JUDGE & JMFC MANDYA, THE ORDER DATED 1/02/2025 IN I.A.NO.37 AT ANNEXURE-A AND AFTER EXAMINING THE SAME QUASH THE ORDER DATED 1/02/2025 IN I.A.NO.37 IN F.D.P NO.9/ 2004 AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY 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 petitioner in FDP.No.9/2004 on the file of the Prl. Civil Judge and JMFC, Mandya, is directed against the impugned order dated 01.02.2025 passed on IA.No.XXXVII, whereby the said application filed by respondent No.1 seeking impleadment as additional respondent No.10 in the final decree proceedings was allowed by the trial Court. 2. A perusal of the material on record will indicate that in the aforesaid final decree proceedings instituted by the petitioner, first respondent herein filed the instant application seeking impleadment on the ground that she is both a proper and necessary party to the suit. There is a suit in OS.No.73/2010 between first respondent and others, which was dismissed on 17.02.2020 for non-prosecution and a separate application has - 5 - HC-KAR NC: 2026:KHC:6434 WP No. 6498 of 2025 been filed for restoration of the said suit filed by first respondent- impleading applicant. 3. The said impleadment application filed by the first respondent having been opposed by the petitioners, the trial Court proceeded to pass the impugned order allowing the impleadment application, aggrieved by which, the petitioners are before this Court by way of the present petition. 4. Learned counsel for the petitioner and learned counsel for respondent No.12 jointly submit that the restoration application filed in O.S.No.73/2010, to which, first respondent is party is pending consideration before the trial Court and the impugned order passed in FDP.No.9/2004 may be set aside and the impleadment application may be disposed of reserving liberty in favour of first respondent to file a fresh application after disposal of miscellaneous petition filed in OS.No.73/2010 in accordance with law. 5. The joint submission is placed on record. The petition deserves to be disposed of accordingly. - 6 - HC-KAR NC: 2026:KHC:6434 WP No. 6498 of 2025 6. In the result, I pass the following ORDER (i) Writ petition is hereby disposed of. (ii) The impugned order dated 01.02.2025 is hereby set aside. IA.No.XXXVII filed by first respondent for impleadment stands disposed of reserving liberty in favour of first respondent to file a fresh/new application after disposal of miscellaneous petition filed in OS.No.73/2010. (iii) The Final Decree Court is directed to dispose of FDP.No.9/2004 in accordance with law as expeditiously as possible. (iv) It is made clear that the final decree to be passed in FDP.No.9/2004 would be subject to the final outcome of OS.No.73/2010. (v) All rival contentions between the parties are kept open. (vi) Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 1 Sl No.: 2