Karnataka High Court
Sri. Dasappa Since Dead By Lrs. Sri. D. ... vs Smt. Vanjakshamamma on 10 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 2141 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 2141 OF 2026 (GM-CPC)
BETWEEN:
SRI. DASAPPA
SINCE DEAD BY LRS.
SRI. D. MURTHY
SON OF LATE SRI. DASAPPA,
AGED ABOUT 56 YEARS,
RESIDING AT NO. 18,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
BENGALURU SOUTH TALUK,
BENGALURU - 560 062.
...PETITIONER
(BY SRI. S. VIVEKANANDA, ADVOCATE)
AND:
Digitally 1. SMT. VANJAKSHAMAMMA
signed by DAUGHTER OF LATE VENKATASWAMAPPA,
CHANDANA WIFE OF VIKRAM,
BM
AGED ABOUT 58 YEARS,
Location:
High Court of RESIDING AT NO.71, HOSAHALLI,
Karnataka KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST,
UM KAVAL,
BENGALURU - 560 109
2. SRI. MOHAN KUMAR
SON OF LATE VENKATSWMAPPA,
AGED ABOUT 55 YEARS,
RESIDING AT NO.70, HOSAHALLI,
KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST,
UM KAVAL, BENGALURU - 560 109
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3. SRI. SHANKARAPPA
SON OF LATE VENKATASWAMAPPA,
AGED ABOUT 50 YEARS,
RESIDING AT NO.74, HOSAHALLI,
KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST,
UM KAVAL,
BENGALURU - 560 109
4. SRI. MANJUNATH
SON OF LATE VENKATASWAMAPPA,
AGED ABOUT 50 YEARS,
RESIDING AT NO.51, HOSAHALLI,
KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST, UM KAVAL,
BENGALURU - 560 109.
5. SRI. SOMASHEKAR
SON OF LATE VENKATASWAMAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT NO.38, HOSAHALLI,
KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST, UM KAVAL,
BENGALURU - 560 109.
6. SMT. PREMA SATHYARAJ
DAUGHTER OF LATE VENKATASWAMAPPA,
WIFE OF SATHYARAJ,
AGED ABOUT 42 YEARS,
RESIDING AT NO.36, HOSAHALLI,
KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST, UM KAVAL,
BENGALURU - 560 109.
7. SMT. MAMATHA
DAUGHTER OF LATE VENKATASWAMAPPA,
AGED ABOUT 39 YEARS,
RESIDING AT NO.22, HOSAHALLI,
KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST, UM KAVAL,
BENGALURU - 560 109.
8. SMT. HAMSALEKHA
DAUGHTER OF LATE VENKATASWAMAPPA,
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AGED ABOUT 35 YEARS,
RESIDING AT NO.36, HOSAHALLI,
KANAKAPURA MAIN ROAD,
THALAGATTAPURA POST, UM KAVAL,
BENGALURU - 560 109.
SMT. AKKAYAMMA,
WIFE OF LATE. SRI. ANNAYAPPA,
SINCE DECEASED BY HER LRS
9. SMT. SAROJAMMA,
AGED ABOUT 46 YEARS,
WIFE OF SRI NARAYANAPPA,
DAUGHTER OF LATE. ANNAYAPPA,
RESIDING AT: GARUKAMANTHANA PALYA,
BACK SIDE OF BML, TIPPASANDRA POST,
BANGALORE - 560 075.
10. SMT. SHANKARAMMA,
AGED ABOUT 44 YEARS,
WIFE OF NARAYANAPPA,
DAUGHTER OF ANNAYAPPA,
RESIDING AT RAGAVANAOALYA,
GOTTIGERE POST,
BANGALORE SOUTH TALUK,
BANGALORE - 560 068.
11. SMT. KAMALAMMA,
AGED ABOUT 42 YEARS,
WIFE OF LATE. SREENIVAS,
DAUGHTER OF LATE. ANNAYAPPA,
RESIDING AT HOSALLI VILLAGE,
TALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE - 560 062.
12. SMT. AMARAVATHI,
AGED ABOUT 40 YEARS,
WIFE OF SRI. NAGARAJ,
DAUGHTER OF LATE. ANNAYAPPA,
RESIDING AT VADDARAPALYA,
PYALAGURUKE POST,
CHIKKABALLAPURA - 562 101
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13. SMT. NAGARATHNA,
AGED ABOUT 36 YEARS,
WIFE OF SRI. NARAYANAPPA,
RESIDING AT HOSALLI VILLAGE,
TALAGATTAPURA POST,
UTARAHALLI HOBLI,
BANGALORE - 560 062.
14. SRI. A. JAYARAM,
AGED ABOUT 45 YEARS,
SON OF LATE. ANNAYAPPA.
RESIDING AT NO. 15,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE - 560 062.
15. SRI. A. SRIRAM,
AGED ABOUT 45 YEARS,
SON OF LATE. ANNAYAPPA,
RESIDING AT NO. 15,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE - 560 062
16. SRI. A. MANJUNATH,
AGED ABOUT 35 YEARS,
SON OF LATE. ANNAYAPPA,
RESIDING AT NO. 15,
HOSAHALLI VILLAGE, THALAGATTAPURA POST,
UTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE - 560 062.
SMT. GOWRAMMA,
WIFE OF LATE. MUNISOORAPPA (1ST WIFE),
SINCE DEAD BY LRs
17. SMT. PADMA,
AGED ABOUT 50 YEARS,
WIFE OF SRI. NAGARAJ,
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DAUGHTER OF LATE. MUNISOORAPPA,
RESIDING AT NARAYANAPURA,
DOORAVANINAGAR POST,
KRISHNARAJAPURA,
BANGALORE EAST,
BENGALURU - 560 016.
18. SMT. NEELAMMA,
AGED ABOUT 45 YEARS,
WIFE OF SRI. RAMESH,
DAUGHTER OF LATE. MUNISOORAPPA,
RESIDING AT HOSALLI VILLAGE,
TALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BENGALURU - 560 062.
19. SMT. LAKSHMI,
AGED ABOUT 38 YEARS,
WIFE OF MANJUNATH,
DAUGHTER OF LATE. MUNISOORAPPA,
RESIDING AT HOSALLI VILLAGE,
TALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE - 560 062.
20. SMT. JAYAMMA,
AGED ABOUT 45 YEARS,
WIFE OF LATE. MUNISOORAPPA (2ND WIFE),
RESIDING AT HOSALLI VILLAGE,
TALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE - 560 062.
SRI. SRINIVAS,
AGED ABOUT 37 YEARS,
S/O. LATE. MUNISOORAPPA,
SINCE DEAD BY LRs
21. SMT. RAJAMMA,
WIFE OF LATE. SRINIVAS,
AGED ABOUT 40 YEARS,
RESIDING AT NO. 15,
HOSALLI VILLAGE,
THALAGATTAPURA POST,
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UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE - 560 062.
22. SRI. PRADEEP KUMAR,
SON OF LATE. SRINIVAS,
AGED ABOUT 24 YEARS,
RESIDING AT NO. 15,
HOSALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE - 560 062.
23. SRI. JAGADISH,
SON OF LATE. SRINIVAS,
AGED ABOUT 21 YEARS,
RESIDING AT NO. 15,
HOSALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
24. SMT. VEENA,
DAUGHTER OF LATE. SRINIVAS,
AGED ABOUT 18 YEARS.
RESIDING AT NO. 15,
HOSALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
SRI. VASANTH KUMAR,
AGED ABOUT 35 YEARS,
SON OF LATE. MUNISOORAPPA,
SINCE DEAD BY LRs.
25. SMT. RADHAMMA,
AGED ABOUT 35 YEARS,
WIFE OF LATE. VASANTH KUMAR,
RESIDING AT NO. 15,
HOSAHALLI VILLAGE,
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THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK
BENGALURU - 560 062
26. SMT. PUSHPA,
AGED ABOUT 20 YEARS,
DAUGHTER OF LATE. VASANTH KUMAR,
RESIDING AT NO. 15,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK.
BENGALURU - 560 062.
27. KUM. SUJATHA,
AGED ABOUT 18 YEARS,
DAUGHTER OF LATE. VASANTH KUMAR,
RESIDING AT NO. 15, HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
28. MASTER ARUN,
AGED ABOUT 18 YEARS,
DAUGHTER OF LATE. VASANTH KUMAR
RESIDING AT NO. 15,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK.
BENGALURU - 560 062.
29. SRI. VIJAY KUMAR,
AGED ABOUT 28 YEARS,
SON OF LATE. MUNISOORAPPA,
RESIDING AT NO. 15, HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
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SRI. RAMA,
SON OF LATE. MUNISOORAPPA,
SINCE DEAD BY HIS LRs
30. SMT. SHOBHA,
WIFE OF LATE SRI. RAMESH @ RAMA
AGED ABOUT 23 YEARS,
RESIDING AT HOSAHALI VILLAGE,
THALAGATTAPURA POST,
KANAKAPURA ROAD,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
31. MASTER NIRANJAN
SON OF LATE SRI RAMESH @ RAMA
RESIDING AT HOSAHALI VILLAGE,
THALAGATTAPURA POST,
KANAKAPURA ROAD,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
32. SRI. MANJUNATH,
AGED ABOUT 21 YEARS,
SON OF LATE. MUNISOORAPPA
RESIDING AT NO. 15, HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
33. SRI. LOKESH,
AGED ABOUT 21 YEARS,
SON OF LATE. MUNISOORAPPA,
RESIDING AT NO. 15, HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
34. SRI. T. S. NATARAJ,
AGED ABOUT 40 YEARS,
SON OF LATE. T. K. SADHASHIVA RAMA,
RESIDING AT NO. 676, 10TH MAIN ROAD,
RPC LAYOUT, VIJAYNAGAR 2ND STAGE,
BENGALURU - 560 040.
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SRI. MARIDASAPPA,
AGED ABOUT MAJOR,
SON OF LATE. SRI. HANUMANTAPPA,
SINCE DEAD BY HIS LRs
35. SMT. RAJAMMA,
WIFE OF LATE. SRI. MARIDASAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT NO. 12,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
KANAKAPURA ROAD,
BENGALURU - 560 002
36. SRI. ARUNANDA,
SON OF LATE. SRI. MARIDASAPPA,
AGED ABOUT 27 YEARS,
RESIDING AT NO. 12,
KANAKAPURA ROAD,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
BENGALURU - 560 002
37. SRI. GANESHA,
SON OF LATE. SRI. MARIDASAPPA,
AGED ABOUT 20 YEARS
RESIDING AT NO. 12,
HOSAHALLI VILLAGE,
THALAGATTAPURA POST,
KANAKAPURA ROAD,
BENGALURU - 560 002.
38. SRI. RAMAKRISHNA,
AGED MAJOR,
SON OF LATE. HANUMANTHAPPA,
RESIDING AT HOSAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
39. SRI. RAJANNA,
AGED MAJOR,
SON OF LATE. HANUMANTHAPPA,
RESIDING AT HOSAHALLI VILLAGE,
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UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
40. SRI. R. SHIVAKUMAR,
AGED MAJOR,
SON OF LATE. HANUMANTHAPPA,
RESIDING AT HOSAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
41. SMT. MUDDUGANGAMMA
AGED MAJOR,
DAUGHTER OF LATE. HANUMANTHAPPA,
RESIDING AT HOSAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 062.
42. SRI. H.A. SHASHIKANTHA,
AGED ABOUT 36 YEARS,
SON LATE. SRI. ANAJAPPA,
RESIDING AT GEJIGADAHALLI VILLAGE,
DASAPPAPURA HOBLI,
BANGALORE NORTH TALUK,
BENGALURU - 560 016
43. SRI. MUDDAMMA,
DAUGHTER OF VENKATASAMAPPA,
WIFE OF SRI. H. NARAYANAPPA,
AGED MAJOR
SMT. DASAMMA,
DAUGHTER OF VENKATASWAMAPPA,
WIFE OF GOVINDAPPA,
SINCE DEAD BY LRs'
44. SMT. MUNIRATHNAMMA,
DAUGHTER OF LATE. KRISHNAPPA
AND LATE DASAMMA,
AGED ABOUT 53 YEARS,
RESIDING AT A. NARAYANAPURA VILLAGE,
DOORAVANINAGAR POST,
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K.R. PURAM HOBLI,
BENGALURU - 560 016
45. SRI. NAGARAJU,
SON OF LATE. KRISHNAPPA
AND LATE DASAMMA,
AGED ABOUT 51 YEARS,
RESIDING AT A. NARAYANAPURA VILLAGE,
DOORAVANINAGAR POST,
K.R. PURAM HOBLI,
BENGALURU - 560 016.
46. SRI. SHIVAPPA,
SON OF LATE. KRISHNAPPA
AND LATE DASAMMA,
AGED ABOUT 49 YEARS,
RESIDING AT A. NARAYANAPURA VILLAGE,
DOORAVANINAGAR POST,
K.R. PURAM HOBLI,
BENGALURU - 560 016.
47. SMT. KOMALA,
DAUGHTER OF LATE. KRISHNAPPA
AND LATE DASAMMA,
AGED ABOUT 46 YEARS,
RESIDING AT A. NARAYANAPURA VILLAGE,
DOORAVANINAGAR POST,
K.R. PURAM HOBLI,
BENGALURU - 560 016
48. SRI. SHANKAR,
SON OF LATE. KRISHNAPPA
AND LATE DASAMMA,
AGED ABOUT 39 YEARS,
RESIDING AT A. NARAYANAPURA VILLAGE,
DOORAVANINAGAR POST,
K.R. PURAM HOBLI,
BENGALURU - 560 016.
49. SMT. VENKATAMMA
WIFE OF GOVINDAPPA,
DAUGHTER OF VENKATASWAMAPPA,
AGED MAJOR,
RESIDING AT A NARAYANA VILLAGE,
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DOORVANINAGAR POST,
K.R. PURAM HOBLI,
BENGALURU - 560 016.
50. SMT. GOWRAMMA,
WIFE OF RAMACHANDRAPPA,
DAUGHTER OF LATE. RAMAIAH,
RESIDING AT PATTAREDDY PALYA,
KAGGALIPURA POST OFFICE,
KANAKAPURA ROAD,
BENGALURU - 560 062.
51. SRI. KRISHNAPPA,
SON OF LATE RAMAIAH,
AGED MAJOR,
RESIDING AT NO. 1710,
14TH MAIN ROAD, 31ST CROSS,
BANASHANKARI II STAGE,
KAVERINAGARA,
BENGALURU - 560 070
52. SRI. MUNIRAJU,
SON OF LATE. MUNIVENKATAPPA
AND LATE SMT. RATHNAMMA,
AGED ABOUT 57 YEARS,
RESIDING AT NO. 215,
MUNIVENKATAPA ROAD,
A. NARAYANAPURA,
DOORAVANINAGAR,
BENGALURU NORTH TALUK,
BENGALURU - 560 016.
53. SRI.NARAYANASWAMY,
SON OF LATE. MUNIVENKATAPPA
AND SMT. RATHNAMMA,
AGED ABOUT 48 YEARS,
NO. 1061, 2ND MAIN, UDAYANAGAR,
DOORAVANINAGAR,
BANGALORE NORTH TALUK,
BENGALURU - 560 016.
54. SMT. DHANALAKSHMI,
WIFE OF LATE. MANJUNATH,
AGED ABOUT 51 YEARS,
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RESIDING AT NO. 151, GROUND FLOOR,
KRISHNAPPA LAYOUT, B. NARAYANPURA,
BANGALORE NORTH TALUK,
BENGALURU - 560 016.
55. SRI. GIRISH,
SON OF LATE. MANJUNATH,
AGED ABOUT 32 YEARS,
RESIDING AT NO. 204/2,
MUNIVENKATAPAPA ROAD,
A. NARAYANAPURA,
DOORAVANINAGARA,
BANGALORE NORTH TALUK,
BENGALURU - 560 016.
56. SMT. KALYANI,
DAUGHTER OF LATE. MUNIVENKATAPPA
AND SMT. RATHNAMMA,
WIFE OF SRINIVASA,
RESIDING AT NO. 204/1,
MUNIVENKATAPPPA ROAD,
A. NARAYANAPURA,
DOORAVANINAGARA,
BANGALORE NORTH TALUK
BENGALURU - 560 016.
57. SMT. HEMAVATHI,
DAUGHER OF LATE. MUNIVENKATAPPA
AND LATE. SMT. RATHNAMMA,
WIFE OF SRINIVASA,
RESIDING AT NO. 431,
A. NARAYANAPURA,
BANGALORE NORTH TALUK,
BENGALURU - 560 016
58. MASTER DHARSHAN,
SON OF LATE. AMBARISH,
AGED ABOUT 16 YEARS,
RESIDING AT NO. 300/51, ITI LAYOUT,
A. NARAYANAPURA, NEAR ANJANEYA TEMPLE,
BANGALORE NORTH TALUK,
BENGALURU - 560 016
REP. BY HIS MOTHER PUSHPA
...RESPONDENTS
(BY SRI. K. H. RAMESHA, ADVOCATE FOR R1 TO R8)
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THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION
OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED
03/01/2026 IN IA NO. 01 OF 2025 IN OS NO. 459/1999 PASSED BY
THE HONBLE 2ND ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, AT ANNEXURE-A AND AWARD
COSTS.
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
In this petition, petitioner seeks the following reliefs:
(a) Pass a writ of certiorari or any other appropriate writ order or direction setting aside the order dated 03.01.2023 in I.A No.1 of 2025 in O.S No. 459/1999 passed by the Hon'ble 2nd Additional Senior Civil Judge, Bangalore Rural District, Bengaluru, at Annexure-A.
(b) Award costs.
(c) Pass any such other order or direction that this Hon'ble Court may deems fir in the interest of justice and equity.
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. The present petition assails the impugned order dated 03.01.2026 on I.A.No.1/2025 in O.S.No.459/1999 on the file of the
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NC: 2026:KHC:9200 WP No. 2141 of 2026 HC-KAR II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, which reads as under:
"Orders on I.A.No.1/2025 filed Under Order 1 Rule 10(2) CPC The impleading applicants have filed this application to implead them as proposed defendants,
2. In the accompanying affidavit the proposed defendant No.27 has sworn that one Dasappa had three sons namely Annayappa, Venkataswamappa and Hanumanthappa, who constituted joint family. Land bearing Sy.No.3 of Uttarahalli Manuvarthe Kaval Village. measuring to an extent of 19.39 guntas was purchased in the name of Venkataswamappa S/o Dasappa vide Sale deed dated:
14.04.1941. The proposed defendants are the grand children of late Venkataswamappa and therefore, they are entitled to 1/4th share in Sy.No.3/1 of Manuvarthe Kavalu Village, Uttarahalli Hobli. Therefore, the proposed defendants are entitled to be added as parties in the present suit as they have direct interest in the schedule properties and thereby prays to allow the application.
3. The plaintiff has filed objection stating that item No.1 of the schedule property is the of self acquired property Venkataswamappa, who had purchased out of his self earned income. The impleading applicants have no share title and interest over the schedule property.
Hanumanthappa branch along with children namely
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NC: 2026:KHC:9200 WP No. 2141 of 2026 HC-KAR Venkataswamappa, Annayappa, Krishnappa, Narayanappa, Nagaraju, Maridasappa have sold their portion of land in Sy.No.3 and the said fact is suppressed by the impleading applicant. The impleading application is filed only with an intention to make unlawful gain and there is no joint family property between the plaintiffs and impleading applicants and thereby prays to dismiss the application.
4. Heard the learned counsels.
5. The following Points arise for my consideration:
1. Whether the impleading applicants are necessary parties for effective adjudication of the suit?
2. What Order?
6. Considering the application, objection and the plaint averments, my answer to the above points is as follows:
Point No.1: In the Affirmative Point No.2: As per the final Order for the following:
REASONS Point No.1: The plaintiffs have filed the above suit against the defendants for partition and separate possession. The impleading applicants by virtue of this application intend to come on record on the ground that they are the grand children of Venkataswamappa and they are entitled for their legitimate share in the schedule property. The plaintiff has objected the said application on
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NC: 2026:KHC:9200 WP No. 2141 of 2026 HC-KAR the ground that the schedule property is the self acquired property of Venkataswamappa and that the applicants have no right, title or interest over the schedule property.
7. The objection of the plaintiffs cannot be adjudicated in the present application. Since the suit is one for partition and separate possession, all the family members are required to be present in the suit. It is the applicants who have to prove the same by adducing sufficient evidence. Hence, at this stage, this court is of the opinion that, if the applicants are not permitted to come on record, the suit will be bad for non joinder of necessary parties and hence, this court is of the opinion that the applicants are necessary parties to the above suit and thereby I answer the above Point in the Affirmative.
8. Point No.2: For the reasons discussed supra, I proceed to pass the following:
ORDER IA.No.1/2025 filed by Impleading Applicants under Order 1 Rule 10(2) CPC is hereby allowed.
Further, the applicants are permitted to come on record as defendant No.32 to 39."
4. Learned counsel for respondent Nos.1 to 8, whose impugned application was allowed by the trial Court vide impugned order has filed a memo, which reads as under:
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NC: 2026:KHC:9200 WP No. 2141 of 2026 HC-KAR "MEMO FILED BY THE RESPODENT NOS. 1 TO 8 The Respondent Nos. 1 to 8 submits as follows:
1. The Respondent No. 1 to 8 had filed impleading application under Order 1 rule 10(2) of Civil Procedure Code, 1908 to be impleaded as parties in O.S. No. 459 of 1999 which is a suit for partition before the 2nd Additional Senior Civil Judge, Bengaluru Rural District at Bengaluru, and the said impleading application was allowed by order dated 03.01.2026 challenging the said order the present Writ Petition has filed.
2. Now, the Respondent No. 1 to 8 after going through the documents in Writ Petition have realized that, they don't have the rights over the suit schedule properties.
The Respondent No. 1 to 8 declare that the suit schedule A property in the trail court is the absolute property of Sri. Venkataswamappa Son of Dasappa, who is the grandfather of the petitioner and kharaab land is allotted to Sy.No. 3/1A1 alone which is situated Uttarahally Manavarte Kaval village, Utharahalli Hobli, Begaluru. And hence Respondent No. 1 to 8 have no right, tittle and interest over the suit schedule properties and kharaab land absolutely belongs to the petitioner's family.
3. The Respondents have also annexure an affidavit detailing the facts for allowing the writ petition and to set aside the Hon'ble trial court order to implead us in the above suit.
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NC: 2026:KHC:9200 WP No. 2141 of 2026 HC-KAR WHEREFORE, this Hon'ble Court be pleased to set aside the Hon'ble trial court order dated 03.01.2026 and allow the present writ petition in the interest of justice and equity."
5. In view of the memo filed by respondent Nos.1 to 8, the petition deserves to be allowed. In the result, I pass the following:
ORDER
i) The petition is hereby allowed.
ii) The impugned order dated 03.01.2026 on I.A.No.1/2025 in O.S.No.459/1999 on the file of the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside.
iii) I.A.No.1/2025 under Order I Rule 10(2) CPC is hereby dismissed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 0