Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:19773 WP No. 12077 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12077 OF 2025 (GM-CPC) BETWEEN:
SANJAY C.J.
S/O JAGADEESHA, AGED ABOUT 30 YEARS, OCC.: AGRICULTURIST AND ENGINEER, R/O M.CHOMANAHALLI VILLAGE, HIRENALLUR HOBLI, KADUR TALUK, CHIKMAGALUR DISTRICT - 577 547. …PETITIONER (BY SRI. KANTHARAJAPPA M G., ADVOCATE) AND:
1.
SHAKUNTHALA C W/O SURESH, D/O CHANDRAPPA, AGED ABOUT 58 YEARS, OCC. HOUSE WIFE, R/AT CHANNAPURA VILLAGE, AJJAMPURA TALUK - 577 547.
2.
PREMKUMARI C. @ PREMA PRAKASH D/O CHANDRAPPA, W/O H.V.PRAKASH, AGED ABOUT 60 YEARS, OCC. HOUSE WIFE,
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:19773 WP No. 12077 of 2025
R/AT NO.3679/A/24, 6TH CROSS, B BLOCK, NEAR RAMMANDIR GAYATHRIMAGAL, BENGALURU NORTH, SRIRAMPURAM, BENGALURU - 560 021.
3.
C. LATHADEVI D/O CHANDRAPPA, W/O A.S.RAJAPPA, AGED ABOUT 54 YEARS, OCC. HOUSE WIFE, R/AT #14, BRUNDAVANA NILAYA, 6TH CROSS, NEAR FUN STOP, HURALICHIKKANAHALLI, BENGALURU - 560 090.
4.
C. JAGADEESHA S/O CHANDRAPPA, AGED ABOUT 54 YEARS, OCC.AGRICULTURIST, R/O M.CHOMANAHALLI VILLAGE, HIRENALLUR HOBLI, KADUR TALUK, CHIKMAGALUR DISTRICT - 577 547.
5.
PRADEEP KUMAR.C.P S/O PUTTASHIVAPPA AND LATE C.PADMAVATHI, AGED ABOUT 43 YEARS, OCC.AGRICULTURIST, R/O #47, VENKATESHWARA NILAYA, SUNDRESHAN LAYOUT, BANNARGHATTA, BENGALURU - 560 083.
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HC-KAR NC: 2026:KHC:19773 WP No. 12077 of 2025
6.
SUCHITHRA C.P D/O PUTTASHIVAPPA, W/O GIRISH.B, AGED ABOUT 39 YEARS, OCC.AGRICULTURIST, R/O WARD NO.4, SRIRAM ROAD, AJJAMPURA TALUK - 577 547.
7.
MANU KUMAR.C.P S/O PUTTASHIVAPPA AND LATE C.PADMAVATHI, AGED ABOUT 36 YEARS, OCC.AGRICULTURIST, R/O #1, KALLESHA NILAYA, 6TH CROSS, NEAR FUN STOP, HIRELICHIKKANAHALLI, BENGALURU - 560 090. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, QUASHING ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE, KADUR IN OS NO.70/2023 DATED 03.03.2025 ON IA 2 PRODUCED AS ANNEXURE - E TO THE WP AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
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HC-KAR NC: 2026:KHC:19773 WP No. 12077 of 2025
ORAL ORDER
1. In this writ petition, the petitioner has called in question the
order dated 03.03.2025 whereby the application IA No. II under Order 1 Rule 10(2) read with Section 151 of Civil Procedure Code (for short, the ‘CPC’) filed by the 1st plaintiff in O.S.No.70/2023 for impleading the petitioner as defendant No. 6 was allowed by Senior Civil Judge, Kadur (for short, the ‘Trial Court’).
2. The plaintiffs instituted a suit for partition and separate possession. Subsequently, the plaintiffs became aware that the son of the second defendant, who is also the grandson of Chandrappa, is claiming rights over the suit schedule property on the basis of a ‘Will’ dated 16.10.2021 allegedly executed by Chandrappa. In light of this development, the plaintiffs filed I.A. No. II under Order I Rule 10(2) read with Section 151 of CPC, seeking permission to implead the petitioner as defendant No. 6. The plaintiffs contended that the proposed defendant claims an interest in the suit schedule property under the aforesaid ‘Will’ and is therefore a necessary and proper party for the effective adjudication of the dispute.
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HC-KAR NC: 2026:KHC:19773 WP No. 12077 of 2025
3. The Trial Court was justified in allowing the impleadment application. The plaintiffs have obtained the relevant revenue records pertaining to the suit schedule property and came to know that name of the proposed defendant is mutated in the revenue records. In view of the claim set up by the proposed party, it is just and necessary to implead him as defendant No. 6 for the proper and effective adjudication of the matter.
4. In view of the above, this Court finds no error or illegalities in the impugned order. Accordingly, the writ petition is dismissed.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
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